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 September 4, 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
planningcommission@malibucity.org 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, October 5, 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
 
Pledge of Allegiance
 
Approval of Agenda
 
Report on Posting of Agenda
 
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

None.

 
B.
New Items
 
1.
Approval of Minutes
Recommended Action: Approve the minutes for the July 29, 2020 Special Planning Commission meeting and the July 20, 2020 and August 3, 2020 Regular Planning Commission meetings.
Staff Contact: Planning Director Blue, 456-2489, ext. 258
2.
Administrative Coastal Development Permit No. 19-010, Site Plan Review No. 19-017 and Minor Modification No. 20-010 – An application for a new single-family residence including second unit and associated development
Location: 6362 Sea Star Drive, not within the appealable coastal zone
APN: 4469-047-016
Owner: Canter Schoen Family Trust
Case Planner: Associate Planner Kendall, 456-2489, ext. 301
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 19-010.
3.
Administrative Coastal Development Permit No. 19-037, Site Plan Review No. 19-051 and Demolition Permit No. 19-027 – An application for the demolition of the existing one-story single-family residence and allow construction of a new two-story single-family residence, swimming pool, onsite wastewater treatment system, and associated development, including a site plan review to allow construction in excess of 18-feet in height, up to 24-feet in height for a flat roof
Location: 29706 Baden Place, not within the appealable coastal zone
APN: 4469-021-024
Owner: J Squared Zuma, LLC
Case Planner: Assistant Planner Didier, 456-2489, ext. 353
Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit Amendment No. 19-037.
4.
Continued Public Hearings
 
A.
Coastal Development Permit–Woolsey Fire No. 20-001 and Site Plan Review No. 20-003 – An application for the construction of a new single-family residence and associated development for a Woolsey Fire affected parcel (Continued from September 8, 2020)
Location: 6556 Zumirez Road, within the appealable coastal zone
APN: 4466-002-012
Owners: Alexander B. and Kirsten Cvitan
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Adopt Planning Commission Resolution No. 20-69 determining that the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit–Woolsey Fire No. 20-001 to allow for the construction of a new 4,488-square-foot, single-story single-family residence and associated development including an attached garage, landscape, hardscape, grading and retaining walls; ; and the installation of a new onsite wastewater treatment system, including Site Plan Review No. 20-003 for construction above 18 feet in height, to replace a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential–One Acre zoning district at 6556 Zumirez Road (Cvitan).
B.
Conditional Use Permit Amendment No. 18-001 – An application to amend Conditional Use Permit 14-001 to relocate service area to the roofdeck, modify alcohol service, and extend the hours of operation for an existing restaurant use (Continued from September 21, 2020)
Location: 22333 Pacific Coast Highway, Suite 150, within the appealable coastal zone
APN: 4452-024-005
Property Owner: KW/LF – Malibu Sands, LLC
Tenant: Nicolas Eatery
Case Planner: Associate Planner Brooks, 456-2489, ext. 276
Recommended Action: Continue this item to the October 19, 2020 Regular Planning Commission meeting.
C.
Coastal Development Permit No. 16-054 - An application for an interior and exterior remodel of an existing single-family residence, including a 764-square foot addition, an increase in roof height from 17 feet and five inches to 24 feet, not to exceed 24 feet in height for a flat roof (Continued from September 8, 2020)
Location: 26928 Malibu Cove Colony Drive, within the appealable coastal zone
APN: 4460-025-009
Owner: BoulderBeach, LLC
Case Planner: Planning Technician Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 20-60 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 16-054 to allow an interior and exterior remodel of an existing 2,525 square foot, one-story, beachfront single-family residence, a 764-square foot second story addition up to 24 feet for a flat roof, repair and maintenance of existing timber pile foundation, and new concrete piles located in the Single-Family Medium zoning district at 26928 Malibu Cove Colony Drive (BoulderBeach, LLC).
D.
Coastal Development Permit Amendment No. 19-004 – An application to amend Coastal Development Permit No. 10-014 to allow for changes in the previously approved scope of work (Continued from September 21, 2020)
Location: 24358 Malibu Road, within the appealable coastal zone
APN: 4458-011-020
Owner: Malibu Sunrise, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 20-63 determining the project is categorically exempt from the California Environmental Quality Act, approving Coastal Development Permit Amendment No. 19-004 amending Coastal Development Permit No. 10-014 to allow for a previously approved new beachfront single-family residence to be reduced in size from 4,773 square feet to 2,558 square feet, and add to the project a new pool, deck, beach access stair and an increase in the height of the seawall by six inches, located in the Single Family Medium zoning district at 24358 Malibu Road (Malibu Sunrise, LLC).
E.
Coastal Development Permit No. 20-015 – An application for a new prefabricated model home sales office, solar flower, and associated parking (for commercial use) (Continued from September 21, 2020)
Location: 23839 Stuart Ranch Road, not within the appealable coastal zone
APN: 4458-021-174
Owner: North Broadway Ventures, LLC
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 20-67 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 20-015 to allow for the three-year placement of a 900-square foot prefabricated model home with an 87-square foot deck and exterior staircase on a temporary foundation to function as a commercial sales office and not as a private residence, a 225-square foot solar flower, and five unpaved parking spaces, located in the Community Commercial zoning district at 23839 Stuart Ranch Road (North Broadway Ventures, LLC).
5.
New Public Hearings
 
A.
Coastal Development Permit No. 19-001, Variance No. 19-001, Site Plan Review No. 19-001, and Minor Modification No. 19-001 – An application for a new single-family residence and associated development
Location: 20272 Inland Lane, within the appealable coastal zone
APN: 4450-012-032
Owner: The Jonathan L. Congdon Revocable Trust
Case Planner: Contract Planner Rudolph, 456-2489, ext. 238
Recommended Action: Continue the item to the November 2, 2020 Regular Planning Commission meeting.
B.
Coastal Development Permit No. 17-108 and Variance No. 19-002 - A follow-up application for a concrete slope cover for foundation protection of an existing residence, including a variance for construction on steep slopes
Location: 31500 Victoria Point Road, within the appealable coastal zone
APN: 4470-017-038
Owner: The Pritchett Family Trust
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 20-68 determining the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit No. 17-108 as a follow-up approval to Emergency Coastal Development Permit No. 13-006 which allowed for the installation of a four to six-inch thick concrete slope cover on top of an existing rock and dirt slope that supports the foundation of an existing beachfront residence to prevent the failure of the foundation, including Variance No. 19-002 for construction on slopes steeper than 2.5 to 1, located in the Single-Family Medium zoning district at 31500 Victoria Point Road (The Pritchett Family Trust).
C.
Wireless Communications Facility No. 19-014, Coastal Development Permit No. 19-075, Variance No. 19-050, and Site Plan Review No. 19-110 – An application for a new wireless communications facility on top of a replacement street light pole in the public right-of-way
Location: 3956.5 Cross Creek Road, not within the appealable coastal zone
Nearest APN: 4452-011-033
Applicant: Eukon Group for Verizon Wireless
Owner: City of Malibu Public Right-of-Way
Case Planner: Assistant Planner Eaton, 456-2489, ext. 273
Recommended Action: Adopt Planning Commission Resolution No. 20-71 determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Communications Facility No. 19-014 and Coastal Development Permit No. 19-075 for Verizon Wireless to install an omnidirectional canister antenna on top of a replacement streetlight pole reaching a maximum height of 32 feet, 3 inches and electrical support equipment, including Variance No. 19-050 to permit a streetlight pole over 28 feet in height and Site Plan Review No. 19-110 to install and operate a wireless communications facility within the public right-of-way located at 3956.5 Cross Creek Road.
D.
Wireless Communications Facility No. 15-004, Coastal Development Permit No. 17-010, and Site Plan Review No. 15-012 – An application to install a new wireless communications facility, 28-foot tall pole and electrical support equipment
Location: 7361.5 Birdview Avenue, within the appealable coastal zone
Nearest APN: 4468-004-028
Applicant/Carrier: Rob Searcy of Fulsang Architecture
Carrier: Verizon Wireless
Owner: City of Malibu Public Right-of-Way
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-72 determining the project is categorically exempt from the California Environmental Quality Act and approving Wireless Communications Facility No. 15-004 and Coastal Development Permit No. 17-010 for Verizon Wireless to install an omni/sectorized canister antenna with a tapered shroud attached on top of a new wood utility pole at a maximum height of 28 feet, and pole-mounted and in-ground electrical support equipment, including Site Plan Review No. 15-012 to install and operate a wireless communications facility within the Public Right-of-Way located at 7361.5 Birdview Avenue (Verizon Wireless).
E.
Coastal Development Permit No. 17-055 and Demolition Permit No. 20-007 – An application for an interior and exterior remodel, additions and partial demolition of an existing two-story beachfront single-family residence and detached garage with second floor guest house, and other associated development
Location: 23762 Malibu Road, within the appealable coastal zone
APN: 4458-006-027
Owner: 23762 Bu Road LLC
Case Planner: Principal Planner Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 20-70 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-055 and Demolition Permit No. 20-007 to allow an interior and exterior remodel, partial demolition and additions to an existing two-story beachfront single-family residence and detached garage with second floor guest house, trellis covers, ground-floor deck, second floor decks, onsite wastewater treatment system and other associated development in the Single-Family Medium zoning district at 23762 Malibu Road (23762 Bu Road LLC).
6.
Old Business
None.

 
7.
New Business
None.

 
8.
Planning Commission Items
None.

 
Adjournment
 
Future Meetings
Monday, October 19, 2020 6:30 p.m. Regular Planning Commission Meeting To Be Determined
Monday, November 2, 2020 6:30 p.m. Regular Planning Commission Meeting To Be Determined
Monday, November 16, 2020 6:30 p.m. Regular Planning Commission Meeting To Be Determined
Monday, December 7, 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.  
Kathleen Stecko, Administrative Assistant