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 October 23, 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, November 2, 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
 
1.
De Minimis Waiver No. 20-010 — An application for a new onsite wastewater treatment system (Continued from October 19, 2020)
Location: 29825 Cuthbert Road, not within the appealable coastal zone
APN: 4469-008-003
Owners: James and Melinda M. Zanoni
Case Planner: Planning Technician Coronel, 456-2489, ext. 373
Recommended Action: Receive Planning Director’s report on De Minimis Waiver No. 20-010 for a new onsite wastewater treatment system to replace one existing septic tank and three seepage pits.
B.
New Items
 
1.
Extension of Coastal Development Permit No. 14-051 – request to extend the Planning Commission's approval of an application to demolish an existing single-family residence and construct a new single-family beachfront residence and associated development
Location: 31224 Broad Beach Road
APN: 4470-015-017
Owner: Bel Air Estates at Mulholland Drive, Inc.
Case Planner: Planning Technician Valencia, 456-2489, ext. 247
Recommended Action: Adopt Planning Commission Resolution No. 20-73 granting a two-year extension of Coastal Development Permit No. 14-051 and Demolition Permit No. 17-002, allowing for the construction of a new 5,560-square foot, two-story, single-family residence, with an attached two-car garage, a 602-square foot second unit located on the upper level, an understructure mechanical storage area, rooftop deck, swimming pool and two spas, a nine-foot view corridor, and installation of a new alternative onsite wastewater treatment system on a beachfront lot located in the Single-Family Medium Residential zoning district and Trancas Beach Overlay District at 31224 Broad Beach Road (Bel Air Estates at Mulholland Drive, Inc.).
2.
Approval of Minutes
Recommended Action: Approve the minutes for the October 5, 2020 and October 19, 2020 Regular Planning Commission meetings.
Staff Contact: Acting Planning Director Mollica, 456-2489, ext. 346
4.
Continued Public Hearings
 
A.
Coastal Development Permit No. 16-062, Site Plan Review No. 18-030, Minor Modification No. 20-002, Demolition Permit No. 16-013, and Code Violation No. 19-003 – An application for the after-the-fact replacement of an existing, two-story single-family residence and associated development (Continued from October 19, 2020)
Location: 29215 Cliffside Drive, not within the appealable coastal zone
APN: 4468-003-005
Owner: Cliffside Dume LLC
Case Planner: Associate Planner Brooks, 456-2489, ext. 276
Recommended Action: Adopt Planning Commission Resolution No. 20-57 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 16-062 for the after-the-fact replacement of an existing, two-story single-family residence, demolition of more than 50 percent of the exterior walls of the original residence and full demolition of a detached guest house, garage and storage building, detached garage, swimming pool and tennis court, construction of a new detached second unit with an exterior access basement to be used as a gym, swimming pool, spa, decking, driveway, fire department turnaround and grading, and replacement of the existing onsite wastewater treatment system, including Site Plan Review No. 18-030 for construction of the residence over 18 feet in height, Minor Modification No. 20-002 for up to a 50 percent reduction of the front yard setback, and Demolition Permit No. 19-008 for demolition of more than 50 percent of the existing single-family residence, and full demolition of an existing detached guest house/garage/storage building, detached garage, swimming pool, and tennis court, located in the Rural Residential–One Acre zoning district at 29215 Cliffside Drive (Cliffside Dume LLC).
B.
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 October 5, 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 Density zoning district at 26928 Malibu Cove Colony Drive (BoulderBeach, LLC).
C.
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 (Continued from October 5, 2020)
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 16, 2020 Regular Planning Commission meeting.
D.
Coastal Development Permit No. 20-018 - An application for a new vehicular and pedestrian access gate to the Sycamore Park neighborhood (Continued from October 19, 2020)
Location: 6480 Via Escondido Drive, not within the appealable coastal zone
APN: 4460-009-003
Owner: Sycamore Tennis Court Association
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action:  Continue this item to the November 16, 2020 Regular Planning Commission meeting.
5.
New Public Hearings
 
A.
Zoning Text Amendment No. 20-002 to Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
Recommended Action: Adopt Planning Commission Resolution No. 20-81 recommending the City Council adopt ZTA No. 20-002 to amend Chapter 17.60 (Nonconforming Uses and Structures) of the Malibu Municipal Code (MMC) to add one year to the deadlines in subsection (C) to initiate the application process and obtain building permits to rebuild a legal nonconforming structure that was damaged or destroyed pursuant to a planning verification and finding the action exempt for the California Environmental Quality Act.
Staff Contact: Senior Administrative Analyst Salazar, 456-2489, ext. 245
B.
Coastal Development Permit No. 17-001, Variance No. 19-004 and Site Plan Review No. 17-005 – An application for the construction of a new single-family residence and associated development
Location: 5924 Zumirez Drive, within the appealable coastal zone
APN: 4467-008-034
Owner: Izad Family Trust
Case Planner: Assistant Planner Murillo, 456-2489, ext. 353
Recommended Action: Continue this item to the December 7, 2020 Regular Planning Commission meeting per property owner’s request.
C.
Coastal Development Permit No. 17-104, Variance No. 19-035, Site Plan Review No. 20-072, and Minor Modification No. 20-012 - An application for a new single-family residence and associated development
Location: 3620 Noranda Lane, not within the appealable coastal zone
APN: 4473-026-002
Owner: 3620 Noranda LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the November 16, 2020 Regular Planning Commission meeting.
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 October 2020 at 11:30 p.m.
Kathleen Stecko, Administrative Assistant