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 July 31, 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 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] before the meeting begins. 

HOW TO PARTICIPATE DURING THE MEETING: Members of the public may also speak during the meeting through the Zoom application. You must first sign up to speak before the item you would like to speak on has been called by the Mayor and then you must be present in the Zoom conference to be recognized. 

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, August 17, 2020

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
 
1.Ceremonial/Presentations
 
A.
Chair and Vice Chair Elections
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.
Administrative Coastal Development Permit No. 17-114, Site Plan Review No. 18-012, and Demolition Permit No. 19-042 – An application for an interior and exterior remodel, including first and second story additions, new onsite wastewater treatment system and associated development
Location: 29502 Harvester Road, not within the appealable coastal zone
APN: 4467-030-014
Owner: Mark Amin
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 No. 17-114.
2.
Administrative Coastal Development Permit Woolsey Fire No. 19-002 – An application to replace the existing onsite wastewater treatment system serving an existing single-family residence on a Woolsey Fire affected parcel
Location: 32234 Pacific Coast Highway, within the appealable coastal zone
APN: 4473-014-003
Owner: 32234 PCH, LLC
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action: Receive and file the Planning Director’s report on Administrative Coastal Development Permit Woolsey Fire No. 19-002.
4.Continued Public Hearings.

None.

 
5. New Public Hearings
 
A.
Coastal Development Permit No. 19-061– An application to allow for the repair of an existing rock revetment
Location: 23940 Malibu Road, within the appealable coastal zone
APN: 4458-008-018
Owner: David and Linda Shaheen Trust
Case Planner: Assistant Planning Director Mollica, 456-2489, ext. 346
Recommended Action: Adopt Planning Commission Resolution No. 20-55 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-061 to allow for the repair of no more than 20 percent of an existing rock revetment, located in the Single-Family Medium zoning district at 23940 Malibu Road (David and Linda Shaheen Trust).
B.
Appeal No. 20-008 - Appeal of Planning Director’s approval of Administrative Plan Review-Woolsey Fire No. 19-060 and Site Plan Review No. 19-099 for improvements to modify a like-for-like rebuild of a single-family residence and associated development destroyed by the November 2018 Woolsey Fire
Location: 5936 Filaree Heights Avenue, not within the appealable coastal zone
APN: 4469-013-023
Owner: Denker Family Trust
Appellants: Terry Lucoff, Robert Brinkmann, and Stacy Clunies-Ross
Case Planner: Aakash Shah, Contract Planner, 456-2489, ext. 385
Recommended Action: Adopt Planning Commission Resolution No. 20-58, determining the project is categorically exempt from the California Environmental Quality Act, denying Appeal No. 20-008 and approving Administrative Plan Review-Woolsey Fire No. 19-060 and Site Plan Review No. 19-099 for improvements to modify a like-for-like fire rebuild of a single-family residence, second unit, garage and hobby/greenhouse destroyed by the November 2018 Woolsey Fire that was approved under Planning Verification-Woolsey Fire No. 19-188 located in the Rural Residential-Two Acre zoning district at 5936 Filaree Heights Avenue (Denker Family Trust).
6.Old Business.

None.

 
7.New Business.

None.

 
8.Planning Commission Items.

None.

 
Adjournment
 
Future Meetings
 Tuesday, September 8, 2020      6:30 p.m.   Regular Planning Commission Meeting     Location to Be Determined
  Monday, September 21, 2020   6:30 p.m.    Regular Planning Commission Meeting     Location to Be Determined
  Monday, October 5, 2020         6:30 p.m.    Regular Planning Commission Meeting     Location to Be Determined
  Monday, October 19, 2020       6:30 p.m.    Regular Planning Commission Meeting     Location 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 [email protected] 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 [email protected].

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 7th Day of August 2020 at 2:30 p.m.
Kathleen Stecko, Administrative Assistant