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)

Monday, October 3, 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
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 inquiries
3.
Consent Calendar
 
A.
Previously Discussed Items
None. 
B.
New Items
1.
Extension of Coastal Development Permit No. 15-053 – A request to extend the Planning Commission’s approval of an application for the construction of a new single-family residence and associated development

Location: 5849 Murphy Way
APN: 4467-003-036
Owner: Malibu Green Holdings, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 22-58, granting a two-year time extension of Coastal Development Permit No. 15-053 for the construction of a new 6,666 square foot, two-story single-family residence with a 774 square foot basement, 899 square foot second unit, 894 square foot pool house, swimming pool, spa, fencing, entry gates, hardscape, landscaping, and new alternative onsite wastewater treatment system; including a site plan review for construction in excess of 18 feet in height but not to exceed 28 feet for a pitched roof in the Rural Residential ten-acre zoning district at 5849 Murphy Way (Malibu Green Holdings, LLC).

 
2.
Approval of Minutes

Recommended Action: Approve the minutes of the January 11, 2022 Special Planning Commission meeting.

Staff Contact: Administrative Assistant Evans, 456-2489, ext. 246

 
3.
De Minimis Waiver No. 22-008 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 5942 Filaree Heights, not within the appealable coastal zone
APN: 4469-013-027
Owner: Chanin Family Trust
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. 22-008 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.

 
4.
De Minimis Waiver No. 21-017 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 5269 Horizon Drive, partially within the appealable zone
APN: 4469-005-001
Owner: Malibu Horizon Drive 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. 21-017 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.

 
5.
Administrative Coastal Development Permit No. 21-061 – An application for the replacement of an onsite wastewater treatment system serving an existing single-family residence with a new onsite wastewater treatment system

Location: 32430 Pacific Coast Highway, within the appealable coastal zone
APN: 4473-014-012
Owner: DNY Holdings LLC
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 21-061.

 
6.
Administrative Coastal Development Permit No. 22-029 – An application for a new onsite wastewater treatment system

Location: 27580 Winding Way, not within the appealable coastal zone
APN: 4473-014-012
Owner: Sundance Farm LLC
Case Planner: Planning Technician Meyers, 456-2489, ext. 264

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 22-029.

 
7.
Administrative Coastal Development Permit No. 22-010 – An application to convert an existing guest house into a secondary dwelling unit

Location: 5466 Horizon Drive, not within the appealable coastal zone
APN: 4469-007-011
Owner: Gabbard Family Trust
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 22-010.

 
8.
Administrative Coastal Development Permit No. 22-001 - An application for the replacement of an onsite wastewater treatment system serving an existing single-family residence with a new onsite wastewater treatment system

Location: 29821 Baden Place, not within the appealable coastal zone
APN: 4469-040-005
Owner: Pacific House Trust
Case Planner: Assistant Planner Coronel, 456-2489, ext. 373

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 22-001
4.
Continued Public Hearings
 
A.
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 (Continued from September 19, 2022)

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.

 
B.
Coastal Development Permit No. 18-002 and Variance No. 21-015 – An application for an interior and exterior remodel of a single-family residence and associated development (Continued from September 19, 2022)

Location: 20238 Piedra Chica Road, not within the appealable coastal zone
APN: 4450-013-084
Owners: Reza Nebavi and Maryam Akbar
Case Planner: Senior Planner Thompson, 456-2489, ext. 280

Recommended Action: Adopt Planning Commission Resolution No. 22-57 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-002 to allow for an interior and exterior remodel and 770 square foot addition to an existing 3,453 square foot single-family residence, including construction of a courtyard, balcony, exterior stairs, ground mounted mechanical equipment, fencing, permeable pavers, grading, relocation of the dispersal field for an existing onsite wastewater treatment system, replacement of existing landscaping, including a Variance No. 21-015 for the geotechnical factory of safety for the single-family residence located in the Single-Family Low Density zoning district at 20238 Piedra Chica Road (Reza Nebavi and Maryam Akbar).

 
C.
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, 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 (Continued from September 6, 2022)

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 a date uncertain.

 
5.
New Public Hearings
 
A.
Coastal Development Permit No. 21-022 - An application to allow construction of a new secant pile wall to support the seaward edge of Pacific Coast Highway, relocation of public utilities, and widening the shoulder along the northbound lanes of the public right-of-way; the project includes temporary roadway restriping, concrete railings, and signage during the construction phase

Location: 19768 Pacific Coast Highway and within the public right-of-way, within the appealable coastal zone
APN: 4469-004-027
Owner: California Department of Transportation (Caltrans)
Case Planner: Contract Planner Pisarkiewicz, (949) 489-1442

Recommended Action: Continue this item to a date uncertain.

 
B.
Coastal Development Permit No. 20-062, Variance No. 21-018, and Demolition Permit No. 22-020 – An application to replace an existing concrete culvert with a single span bridge, install a new culvert, and associated habitat restoration

Locations:       26038.5 and 26023 Pacific Coast Highway, within the appeal jurisdiction of the California Coastal Commission
APNs:             4459-020-903 and 4459-008-001
Owners:           California Department of Transportation (Caltrans) and OK Corral Land Company, Inc.
Case Planner:  Contract Planner Pisarkiewicz, (949) 489-1442

Recommended Action: Adopt Planning Commission Resolution No. 22-61 determining the project is consistent with the Initial Study and Mitigated Negative Declaration previously adopted by the California Transportation Commission, and approving Coastal Development Permit No. 20-062 and Demolition Permit No. 22-020 to replace an existing concrete culvert with a single span bridge, install a new culvert, and associated habitat restoration; including Variance No. 21-018 for retaining walls above six feet in height located in the Commercial Visitor Serving-1 and Public Open Space zoning districts located at 26038.5 Pacific Coast Highway and 26023 Pacific Coast Highway (California Department of Transportation and OK Corral Land Company, Inc.).

 
C.
Coastal Development Permit No. 19-045, Variance No. 20-003, Neighborhood Standards No. 21-002, Site Plan Review No. 19-057, Minor Modification No. 20-006, and Demolition Permit No. 19-029 – An application for the demolition of the existing residence and construction of a new single-family residence and associated development

Location: 31662 Broad Beach Road, within the appealable coastal zone
APN: 4470-024-052
Owner: LaShay Trust
Case Planner: Associate Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 22-64 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-045 and Demolition Permit No. 19-029 to allow for the demolition of an existing single-family residence and construction of a new single-family residence, landscaping, grading, retaining walls, bluff slope repair with below grade piles and onsite wastewater treatment system; including Variance No. 20-003 for reduction of the bluff setback, Site Plan Review No. 19-057 for structure height greater than 18 feet, up to 28 feet in height for a pitched roof, Minor Modification No. 20-006 for a reduced front-yard setback, and Neighborhood Standards No. 21-002 for total development square footage similar to the neighborhood average, on a parcel located in the Single Family, Medium Density zoning district at 31662 Broad Beach Road (LaShay Trust).
6.
Old Business
 
None. 
7.
New Business
 
A.
Proposed 2023 Calendar of Planning Commission Meetings

Recommended Action: Approve the proposed 2023 Calendar of Planning Commission meetings.

Staff Contact: Administrative Assistant Evans, 456-2489, ext. 246
8.
Planning Commission
 
None. 
Adjournment
Future Meetings
Monday, October 17, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, November 7, 2022 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, November 21, 2022 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 City Council 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.