Meeting This meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Order (revised April 21, 2022). 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 wishing to speak or defer time to another speaker during the meeting must participate through the Zoom application and must be present in the Zoom conference to be recognized. The City requests that you sign up to speak before the item you would like to speak on has been called by the Chair. For those wishing to defer time, you are not required to sign up to speak. At the start of public comment for the item, the Chair shall ask members of the public wishing to defer time to raise their hands in the Zoom meeting using the reactions button. Each person will be called to verify their presence in the Zoom meeting and their intent to donate time
.

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)

Tuesday, September 6, 2022

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.
Planning Commission Reorganization
1.
Election of Chair
2.
Election of Vice Chair
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 inquiries
3.
Consent Calendar
 
A.
Previously Discussed Items
None.
     
B.
New Items
1.
Approval of Minutes

Recommended Action: Approve the minutes of the September 20, 2021 Regular Planning Commission meeting; October 18, 2021 Regular Planning Commission meeting; and December 6, 2021 Regular Planning Commission meeting.

Staff Contact: Administrative Assistant Evans, 456-2489, ext. 246
2.
Extension of Coastal Development Permit No. 15-028, Variance No. 16-016, Site Plan Review No. 16-009, Minor Modification No. 16-010, Conditional Use Permit No. 15-011 and Lot Merger No. 16-001 – A request to extend the Planning Commission’s approval for the construction of a new memorial park, including a new 6,000 square foot chapel with 673 square feet of ancillary spaces, 8,002 square foot subterranean parking lot and 1,346 square foot basement, 47 mausoleum structures with a maximum area of 200 square feet each for a total maximum of 9,400 square feet, approximately 28,265 in-ground burial plot spaces intermittently located throughout the property, 3,644 interments in above grade wall crypt structures, a circular driveway, parking lot, entry gates, grading, landscaping and exterior lighting, including a variance for non-exempt grading, site plan review for height over 18 feet but less than 28 feet for the sloped roof of the chapel, a minor modification for mausoleums not to exceed a 50 percent front yard setback reduction, a conditional use permit for the proposed memorial park and chapel in the subject zoning district, and a lot merger for consolidation of the three existing legal lots into one legal lot (Continued from August 15, 2022)

Location: 4000 Malibu Canyon Road
APNs: 4458-028-015, 4458-028-019, and 4458-030-007
Owner: Green Acres, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 22-55 granting a two-year extension of Coastal Development Permit No. 15-028 to allow the construction of a new memorial park, including a new 6,000 square foot chapel with 673 square feet of ancillary spaces, 8,002 square foot subterranean parking lot and 1,346 square foot basement, 47 mausoleum structures with a maximum area of 200 square feet each for a total maximum of 9,400 square feet, approximately 28,265 in-ground burial plot spaces intermittently located throughout the property, 3,644 interments in above grade wall crypt structures, a circular driveway, parking lot, entry gates, grading, landscaping and exterior lighting, including Variance No. 16-016 for non-exempt grading, Site Plan Review No. 16-009 for height over 18 feet but less than 28 feet for the sloped roof of the chapel, Minor Modification No. 16-010 for mausoleums not to exceed a 50 percent front yard setback reduction, Conditional Use Permit No. 15-011 for the proposed memorial park and chapel in the subject zoning district, and Lot Merger No. 16-001 for consolidation of the three existing legal lots into one legal lot located in the Commercial Visitor Serving-Two zoning district at 4000 Malibu Canyon Road (Green Acres, LLC).
3.
De Minimis Waiver No. 22-010 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 28843 Selfridge Drive, partially within the appealable coastal zone
APN: 4466-019-028
Owner: Dr Dume, LLC
Case Planner: Planning Technician Allen, 456-2489, ext. 233

Recommended Action: Receive and file the Planning Director’s report on the issuance of De Minimis Waiver No. 22-010 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
4.
De Minimis Waiver No. 22-003 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 29934 Cuthbert Road, not within the appealable coastal zone
APN: 4469-009-013
Owner: Cuthbert View, LLC
Case Planner: Contract Planner Shah, 456-2489, ext. 385

Recommended Action: Receive and file the Planning Director’s report on the issuance of De Minimis Waiver No. 22-003 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
4.
Continued Public Hearings
 

A.

Coastal Development Permit No. 20-053 and Demolition Permit No. 22-010 – An application to allow for the construction of a new gym with roof deck, a new swimming pool and spa with associated equipment, new hardscape and other site improvements to an existing single-family residence (Continued from August 15, 2022)

Location: 31250 Broad Beach Road, within the appealable coastal zone
APN: 4470-015-032
Owner: 31250 Broad Beach, LLC
Case Planner: Contract Planner Shah, 456-2489, ext.385

Recommended Action: Continue this item to a date uncertain.

B.

Coastal Development Permit No. 21-013, Capital Improvement Project No. 21-002, Initial Study No. 22-001, and Mitigated Negative Declaration No. 22-001 (State Clearinghouse Number 2018111004) – An application to replace two damaged drainage culverts on Pacific Coast Highway near Nicholas Canyon Beach Road and biological habitat restoration (Continued from August 15, 2022)

Locations: 34201.5, 34685, 34555, 34405 and 33904 Pacific Coast Highway, in the California Department of Transportation public right-of-way and within the coastal appeal zone
APNs: 4473-027-005, 4473-027-006, 4473-027-007, 4473-024-911 and 4473-024-900
Owner: California Department of Transportation
Case Planner: Contract Planner Pisarkiewicz, 949-489-1442

Recommended Action: Adopt Planning Commission Resolution No. 22-54 determining the project is consistent with Initial Study No. 22-001 and Mitigated Negative Declaration No. 22-001 previously adopted by Caltrans under the California Environmental Quality Act, and approving Coastal Development Permit No. 21-013 to allow the replacement of existing drainage facilities along Pacific Coast Highway and restore surrounding biological habitat in the Rural Residential, 20-Acres and the Public Open Space zoning districts located at 34201.5 Pacific Coast Highway, within the public right-of-way (California Department of Transportation)

C.

Coastal Development Permit Amendment No. 16-009, Variance No. 19-017, and Site Plan Review No. 19-049 – An application to amend Coastal Development Permit No. 05-025 for a two-story, single-family residence and guest house with a two-story, 9,524 square feet, single family residence, guest house and other associated development; including a variance for non-exempt grading over 1,000 cubic yards; and a site plan review for construction over 18 feet in height, up to 24 feet in height for a flat roof (Continued from August 15, 2022)

Location: 18805 Pacific Coast Highway, partially within the appealable coastal zone
APN: 4449-009-012
Owner: EVO M SPV 100, LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Continue this item to the September 19, 2022 Regular Planning Commission meeting.
5.
New Public Hearings
 
A.
Coastal Development Permit No. 21-009 and Demolition Permit No. 22-015 – An application for an interior and exterior remodel, partial demolition and additions to an existing two-story beachfront single-family residence, relocation of an existing spa, ground-floor deck, second floor deck, open-air trellis, onsite wastewater treatment system and other associated development

Location: 23936 Malibu Road, within the appealable coastal zone
APN: 4458-008-013
Owner: 23936 Malibu, LLC
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Continue this item to the September 19, 2022 Regular Planning Commission meeting.
B.
Coastal Development Permit No. 18-015, Variance No. 18-024, Site Plan Review No. 18-017 and Minor Modification No. 18-007 – An application to construct a new two-story, 4,864 square foot single-family residence, including a 2,258 square foot basement, swimming pool, spa, grading, hardscape, landscaping, and onsite wastewater treatment system; including a variance for construction on slopes steeper than 2.5 to 1, a site plan review for construction over 18 feet up to a maximum height of 24 feet for a flat roof, and a minor modification for up to a 50 percent reduction of the front yard setback

Location: 30015 Andromeda Lane, not within the appealable coastal zone
APN: 4469-004-027
Owner: Sandy Fazeli
Case Planner: Senior Planner Brooks, 456-2489, ext. 276

Recommended Action: Continue this item to the October 3, 2022 Regular Planning Commission meeting.
C.
View Preservation Permit No. 22-001 – An application to request corrective action to restore the views recorded in Primary View Determination No. 12-215 from 7170 Birdview Avenue

Claimant Name: Aelina Longo
Claimant Address: 7170 Birdview Avenue
Claimant APN: 4468-004-032
Foliage Owner Name: Barbara Hubbard Spence
Foliage Owner Address: 7168 Birdview Avenue
Foliage Owner APN: 4468-004-031
Case Planner: Associate Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 22-56 determining the action is categorically exempt from the California Environmental Quality Act, and approving View Preservation Permit No. 22-001 to require alteration and maintenance of foliage on 7168 Birdview Avenue at the height of the hedge line, as shown in Primary View Determination No. 12-215, separating 7168 and 7170 Birdview Avenue in order to restore the primary view documented in Primary View Determination No. 12-215.
6.
Old Business
 
None.
7.
New Business
 
None.
8.
Planning Commission Items
 
None.
Adjournment
 
Future Meetings
Monday, September 19, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, October 3, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, October 17, 2021 6:30 p.m. Regular Planning Commission Meeting Location to be determined

Guide to Planning Commission Proceedings

As a result of the Coronavirus (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.  In order to reduce the risk of spreading COVID-19, the Planning Commission meeting will be open and public but conducted virtually because meeting in person would present imminent risks to the health or safety of attendees. This way, the public, the staff, and the Council will not be physically in the same place. 

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. Time may be surrendered by deferring one (1) minute to another speaker, not to exceed a total of eight (8) minutes. Members of the public wishing to speak or defer time to another speaker during the meeting must participate through the Zoom application and must be present in the Zoom conference to be recognized. The City requests that you sign up to speak before the item you would like to speak on has been called by the Chair. For those wishing to defer time, are not required to sign up to speak in advance. At the start of public comment for the item, the Chair shall ask members of the public wishing to defer time to raise their hands in the Zoom meeting using the reactions button. Each person will be called to verify their presence in the Zoom meeting and their intent to donate time. Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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.

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.  Members of the public wishing to speak during the meeting must participate through the Zoom application. Each speaker is limited to three (3) minutes. In order to speak, individuals must visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and downloading the Zoom application.

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. Public comment shall follow the rules as set forth under Oral Communication.

Items in New Business are items, which are appearing for the first time for formal action.  Public comment shall follow the rules as set forth under Oral Communication.

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. without a two-thirds vote of the Planning Commission.

Planning Commission meetings are aired live and replayed on City of Malibu Government Access Channel 3 and are available on demand on the City’s website at www.malibucity.org/video. Copies of the staff reports or other written documentation relating to each item of business described are available upon request by emailing [email protected].

 
The City Hall phone 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, (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].
 
Requests to show an audio or video presentation during a Commission meeting should be directed to Alex Montano at (310) 456-2489, ext. 227 or [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.