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.

 
Amended Malibu Planning Commission
Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, November 16, 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 November 2, 2020 Regular Planning Commission meeting.
Staff Contact: Acting Planning Director Mollica, 456-2489, ext. 346
3.
Formula Retail Clearance No. 20-003 – The Park at Cross Creek Shopping Center
Location: 23401 Civic Center Way, Unit No. 2D
APN: 4458-022-030
Owner: The Park at Cross Creek, LLC
Tenant: Tesla
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Receive and file the Planning Director’s report on the Formula Retail Clearance No. 20-003.
4.
Continued Public Hearings
 
A.
Coastal Development Permit No. 20-018 - An application for a new vehicular and pedestrian access gate to the Sycamore Park neighborhood (Continued from November 2, 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 December 7, 2020 Regular Planning Commission meeting.
B.
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 November 2, 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. 374
Recommended Action: Continue this item to the December 7, 2020 Regular Planning Commission meeting.
5.
New Public Hearings
 
A.
Conditional Use Permit Amendment No. 19-007 - An application to amend Conditional Use Permit No. 16-004 to allow for the addition of a full alcohol license to an existing wine and beer-only license for the Malibu Racquet Club
Location: 23847 Stuart Ranch Road
APN: 4458-021-002
Owner: Malibu Racquet Club, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Continue this item to the December 7, 2020 Regular Planning Commission meeting. This item will be re-noticed due to a noticing error.
B.
Malibu Living Shoreline Project – Coastal Development Permit No. 20-045 – An application for the restoration of 1.1 acres of sandy beach and dune habitat adjacent to Zuma Lagoon and 2 acres of sandy beach and foredune habitat at Westward Beach/Point Dume State Beach on seven beach parcels zoned Open Space
APNs/Location: 4469-027-901 / 30050 Pacific Coast Highway
4468-017-903 / 6900 Westward Beach Road
4468-020-907 / 7150 Westward Beach Road
4468-021-904 / 7180 Westward Beach Road
4468-018-904 / Unaddressed
4468-019-908 / Unaddressed
4468-002-901 / Unaddressed
Within the appealable coastal zone
Owner: County of Los Angeles, Department of Beaches and Harbors
Case Planner: Assistant Planner Eng, 456-2489, ext. 372
Recommended Action: Adopt Planning Commission Resolution No. 20-82 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 20-045 to allow the restoration of 1.1-acres of sandy beach and dune habitat adjacent to Zuma Lagoon and 2-acres of sandy beach and foredune habitat at Westward Beach/Point Dume State Beach, comprising the removal of non-native species, seeding and planting of native coastal strand and foredune species, and installation of wooden post and rope pathway fencing, interpretive signage, and wood slat fencing on seven beach parcels located in the Open Space zoning district at Zuma Beach and Point Dume State Beach (County of Los Angeles, Department of Beaches and Harbors).
C.
Coastal Development Permit-Woolsey Fire No. 20-023 – An application for a 1,314 square foot addition, a new OWTS, and exterior site improvements
Location: 30181 Cuthbert Road, within the appealable coastal zone
APN: 4469-007-002
Owner: Cuthbert Surf, LLC
Case Planner: Planning Technician Coronel, 456-2489, ext. 373
Recommended Action: Adopt Planning Commission Resolution No. 20-79 determining that the project is categorically exempt from the California Environmental Quality Act and approving Coastal Development Permit–Woolsey Fire No. 20-023 to allow for the construction of a 1,314 square foot addition; 6,783 square feet of new impermeable coverage; view permeable front yard fence (not to exceed six feet in height); rear and side yard retaining walls (not to exceed six feet in height); a new pool and spa with associated equipment; and installation of a new onsite wastewater treatment system, as an addition to a home destroyed in the 2018 Woolsey Fire, located in the Rural Residential–Two Acre zoning district at 30181 Cuthbert Road (Curthbert Surf, LLC).
D.
Coastal Development Permit No. 17-104, Variance Nos. 19-035,19-036 and Minor Modification No. 20-012 – An application a new single-family residence and exterior site improvements
Location: 3620 Noranda Lane, not within the appealable coastal zone
APN: 4473-026-002
Owner: 3620 Noranda Lane, LLC
Case Planner: Associate Planner Thompson, 456-2489, ext. 280
Recommended Action: Adopt Planning Commission Resolution No. 20-74 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-104, Variance (VAR)No. 19-035, VAR No. 20-036, and Minor Modification No. 20-012 to allow for a 5,285-square foot single-family residence that includes a 2,594-square foot basement including a subterranean garage, for a total development square footage of 6,082-square feet, a new onsite wastewater treatment system, exterior site improvements including a new swimming pool, spa, deck, landscape, a total of 6,330-square feet of impermeable coverage, and 432 cubic yards of non-exempt grading; including a variance to allow for development within the required Environmental Sensitive Habitat Area (ESHA) buffer, a variance to allow for construction on slopes steeper than 2.5 to 1, and a minor modification for the reduction of the required front yard setback by up to 50 percent located in the Rural Residential-Five Acre zoning district at 3620 Noranda Lane (3620 Noranda Lane, LLC).
6.
Old Business

None.

 
7.
New Business

None.

 
8.
Planning Commission Items
 
A.
2021 Calendar of Planning Commission Meetings
Recommended Action: Approve the proposed 2021 Calendar of Planning Commission meetings.
Staff Contact: Acting Planning Director Mollica, 456-2489, ext. 346
Adjournment
 
Future Planning Commission Meetings
Monday, December 7, 2020      6:30 p.m.     Regular Planning Commission Meeting       Location TBD
Monday, December 21, 2020                                                                                              CANCELLED
 
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 6th day of November 2020 at 3:00 p.m.
Kathleen Stecko, Administrative Assistant