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 will instead be live streamed at https://malibucity.org/video and https://malibucity.org/VirtualMeeting. These links should be utilized by anyone that wishes to view the meeting live, but not participate by speaking during the course of the meeting. 
 
HOW TO PARTICIPATE IN THE MEETING: Written comments may be submitted to the Planning Commission before the meeting begins and should be submitted to planningcommission@malibucity.org. The public may also speak during the meeting by signing up to speak at https://malibucity.org/VirtualMeeting and selecting the appropriate option.
Amended 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/VIRTUALMEETING
Call to Order – Chair
 
Roll Call – Recording Secretary
 
Approval of Agenda
 
Report on Posting of Agenda – March 27, 2020; Amended Agenda Posted on April 3, 2020
 
1Ceremonials / Presentations
 
A
Update on Planning Department’s Operations During COVID-19 Emergency Declaration
 
B
Staff Update on the Woolsey Fire Rebuild Process
 
2Written and Oral Communication from the Public
 
A
Communications from the Public concerning matters which are not on the agenda but for which the Planning Commission has subject jurisdiction.  The Planning 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
 
3Consent Calendar
 
A. Previously Discussed Items
None
 
B. New Items
 
1. Approval of Minutes

Recommended Action: Approve the minutes for the February 18, 2020 Regular Planning Commission meeting. 

Staff contact: Planning Director Blue, 456-2489, ext. 258

 
2. Formula Retail Clearance No. 20-001 – Malibu Country Mart Shopping Center (Continued from March 16, 2020) 

Location:    3835 Cross Creek Road, Unit C
APN:        4458-020-014
Owner:        3835 Cross Creek, LLC
Tenant:    Seed Heritage  
Case Planner:     Associate Planner Thompson, 456-2489, ext. 280

Recommended Action: Receive and file.

 
3. De Minimis Waiver No. 19-010— An application for a new onsite wastewater treatment system (Continued from March 16, 2020)

Location:    29851 Harvester Road, not within the appealable coastal zone APN:        4469-010-025
Owner:        Vue Ventures, Inc.
Case Planner:     Associate Planner Thompson, 456-2489, ext. 280

Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 19-010 for a new onsite wastewater treatment system (OWTS) to replace the existing OWTS.

 
4. De Minimis Waiver No. 19-013 — An application for a new onsite wastewater treatment system (Continued from March 16, 2020)

Location:    6375 Zuma Mesa Drive, not within the appealable coastal zone
APN:        4467-016-011
Owner:        Paula Gardner
Case Planner:     Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 19-013 for a new onsite wastewater treatment system (OWTS) to replace the existing Cesspool.

 
5. De Minimis Waiver No. 20-003 — An application for a new onsite wastewater treatment system (Continued from March 16. 2020)

Location:    29848 Harvester Road, not within the appealable coastal zone APN:        4469-013-032
Owners:    Guy and Jana Lynn Blake
Case Planner:     Assistant Planner Eaton, 456-2489, ext. 273

Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-003 for a new onsite wastewater treatment system (OWTS) to replace the existing OWTS.

 
6. De Minimis Waiver No. 20-004 — An application for a new onsite wastewater treatment system

Location:    29956 Cuthbert Road, not within the appealable coastal zone
APN:        4469-009-012
Owner:        Bonnie B. Bates Living Trust
Case Planner:     Planning Technician Coronel, 456-2489, ext. 373

Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-004 for a new onsite wastewater treatment system (OWTS) to replace the existing OWTS.

 
7. Extension of Coastal Development Permit (CDP) No. 13-047 and CDP Amendment No. 15-007 (Continued from March 16, 2020)

Location:    24840 Pacific Coast Highway
APN:        4458-015-019
Owner:        Johnson Family Trust
Case Planner:     Contract Planner Rudolph, 456-2489, ext. 238

Recommended Action: Continue this item to the April 20, 2020 Regular Planning Commission meeting.

 
8. Extension of Coastal Development Permit No. 11-019 – A request to extend the Planning Commission's approval of an application for the construction of a new two-story, single-family residence and associated development

Location:    26714 Seagull Way
APN:        4460-022-033
Owner:        Armitage Development Group, LLC
Case Planner:     Assistant Planning Director Mollica, 456-2489, ext. 346

Recommended Action: Adopt Planning Commission Resolution No. 20-42 granting a one-year extension of Coastal Development Permit No. 11-019, Variance No. 13-011, and Site Plan Review No. 11-008 for the construction of a new two-story, single-family residence and associated development located in the Single-Family Medium Density zoning district at 26714 Seagull Way (Armitage Development Group, LLC).

 
9. Administrative Coastal Development Permit (ACDP) Amendment No. 17-014 – An amendment to amend ACDP 13-014, an application for the construction of a 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.

 
4Continued Public Hearings
 
A
Coastal Development Permit No. 17-118, Variance Nos. 20-004 and 20-005, and Demolition Permit No. 20-005 – An application for the installation of a new wastewater treatment system and recycled water plant (Continued from March 30, 2020)

Location:        28128 Pacific Coast Highway 
APNs:            4466-001-004 and 4466-001-005
Owner:            Paradise Cove Land Company, LLC
Case Planner:        Contract Planner Rudolph, 456-2489, ext. 238

Recommended Action: Continue this item to the April 20, 2020 Regular Planning Commission meeting.

 
B
Local Coastal Program Amendment No. 18-002 and Zoning Text Amendment No. 18-004 - An Amendment to the Local Coastal Program and Malibu Municipal Code Title 17 (Zoning) to Update Accessory Dwelling Unit Regulations (Continued from March 16, 2020)

Applicant:    City of Malibu
Location:    Citywide
Case Planner:        Planning Director Blue, 456-2489, ext. 258

Recommended Action:  Continue this item to a date uncertain.

 
D
Coastal Development Permit No. 20-011 – An application to implement a parking management plan though installation of regulatory signage with staggered overnight parking limitations on both side of Pacific Coast Highway in the Malibu Pier area (Continued from March 16, 2020)

Location:    Within the Public Right-of-Way of Pacific Coast Highway between the west boundary of Sweetwater Canyon Road to the west boundary of the crosswalk at the Malibu Pier 
Owner:    California Department of Transportation (Caltrans)
Case Planner:    Planning Director Blue, 456-2489, ext. 258

Recommended Action:  Continue this item to a date uncertain.

 
E
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 (Continued from March 16, 2020)

Location:        29140 Cliffside Drive, within the appealable coastal zone 
APN:            4468-001-005
Applicant / Owner:    Setara Limited
Case Planner:        Associate Planner Thompson, 456-2489, ext. 280

Recommended Action: Continue this item to the May 4, 2020 Regular Planning Commission meeting.

 
F
Administrative Plan Review No. 19-143, Variance Nos. 19-041 and 19-042, and Site Plan Review Nos. 19-087 and 19-088 – An application for a new four-car garage and driveway for an existing single-family residence (Continued from March 16, 2020)

Location:        3556 Sweetwater Mesa Road 
APN:            4452-017-008
Owner:            Michael Thomson
Case Planner:        Assistant Planner Eng, 456-2489, ext. 372

Recommended Action: Continue this item to a date uncertain.

 
G
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 March 16, 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: Continue this item to a date uncertain.

 
H
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 construction of a new single-family residence and associated development (Continued from March 16, 2020)

Location:        29200 Larkspur Lane, within the appealable coastal zone 
APN:            4468-008-001 (Lot A)
Owner:            29200 Larkspur, LLC
Case Planner:        Principal Planner Fernandez, 456-2489, ext. 482 

Recommended Action: Continue this item to a date uncertain.

 
I
Coastal Development Permit No. 18-005, Site Plan Review No. 18-005, and Minor Modification No. 18-005 – Construction of a new single-family residence and associated development (Continued from March 16, 2020)

Location:        29200 Larkspur Lane, within the appealable coastal zone
APN:            4468-008-001 (Lot B)
Owner:            29200 Larkspur, LLC
Case Planner:        Principal Planner Fernandez, 456-2489, ext. 482 

Recommended Action: Continue this item to a date uncertain

 
5New Public Hearings
 
A
Coastal Development Permit - Woolsey Fire No. 19-004, Site Plan Review Nos. 19-102 and19-126, and Minor Modification No. 19-014 – An application for the construction of a new single-family residence and associated development to replace development lost in the Woolsey Fire

Location:                30130 Cuthbert Road, not within the appealable coastal zone
APN:                            4469-044-003
Owner:            The Graulich Family Trust
Case Planner:        Associate Planner Kendall, 456-2489, ext. 301

Recommended Action: Adopt Planning Commission Resolution No. 20-37 determining that the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit – Woolsey Fire No. 19-004 to allow for the construction of a new 5,932 square-foot, 24 foot tall, two-story single-family residence and associated development including an 832 square-foot attached garage, 718 detached square-foot second unit, after-the-fact hardscaping and sport court with fencing, landscape, hardscape, and retaining walls; grading; and installation of a new onsite wastewater treatment system, including Site Plan Review No. 19-102 for construction of the residence over 18 feet in height, SPR No. 19-126 for construction on slopes between 3 to 1 and 2.5 to 1, and Minor Modification No. 19-014 for a 50 percent reduction of the front yard setback to replace a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential–Two Acre zoning district at 30130 Cuthbert Road (The Graulich Family Trust).

 
B
Coastal Development Permit No. 14-073, Variance Nos. 18-002, 18-003, 18-004, 18-008, 18-009, and 18-010, and Minor Modification No. 18-001 – An application for a new single-family residence and associated development

Location:                33386 Pacific Coast Highway, within the appealable coastal zone
APN:                   4473-019-007
Applicant / Owner:    180 PCH, LLC
Case Planner:        Assistant Planning Director Mollica, 456-2489, ext. 346

Recommended Action:  Continue this item to a date uncertain.

 
C
Coastal Development Permit No. 14-072, Lot Line Adjustment No. 14-004, Lot Merger No. 17-007, Variance Nos. 17-050, 17-051, 18-001, 18-005, 18-006, and 18-015 – An application for a new single-family residence, associated development, lot merger, and lot line adjustment

Locations:               33398 and 33390 Pacific Coast Highway, within the appealable  coastal zone 
APNs:                            4473-019-005 and 4473-019-006
Applicant / Owner:    180 PCH, LLC
Case Planner:        Assistant Planning Director Mollica, 456-2489, ext. 346

Recommended Action:  Continue this item to a date uncertain

 
6Old Business

 
None
7New Business
 
None
8Planning Commission Items
 
None
Adjournment
 
Future Planning Commission Meetings
Monday, April 20, 2020    6:30 pm    Regular Planning Commission Meeting        To be Determined
Monday, May 4, 2020       6:30 pm    Regular Planning Commission Meeting        To be Determined
Monday, May 18, 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 27th day of March 2020 at 3:00 p.m.

 
Patricia Salazar, Senior Administrative Analyst