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 September 22, 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.
 
Amended Malibu Planning Commission
Regular Meeting Agenda
(to be held during COVID-19 emergency)

Monday, December 5, 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. 18-064, Variance No. 19-031, Site Plan Review Nos. 19-003, 19-004 and 19-037, and Minor Modification No. 19-002 – A request to extend the Planning Commission’s approval for the construction of a new single-family residence and associated development

Location: 5942 Busch Drive, partially within the appealable coastal zone
APN: 4467-028-031
Owner: Gladys Wojcik LLC
Case Planner: Senior Planner Brooks, 456-2489, ext. 276

Recommended Action: Adopt Planning Commission Resolution No. 22-72 granting a two-year extension for Coastal Development Permit No. 18-064 for the construction of a new two-story, 3,679 square foot, single-family residence, attached two-car garage, attached 900 square foot second unit, a 790 square foot second story deck, understructure mechanical area, 20-foot wide access driveway, hardscape, grading, landscaping and onsite wastewater treatment system; including Variance No. 19-031 to reduce the Environmentally Sensitive Habitat Area buffer, Site Plan Review Nos. 19-003, 19-004 and 19-037 for construction on slopes between 3 to 1 and 2.5 to 1, for construction up to 28 feet with pitched roofs and for a hillside residential development standard exemption, and Minor Modification No. 19-002 for a 50 percent front yard setback reduction located in the Rural Residential-Two Acre zoning district at 5942 Busch Drive (Gladys Wojcik LLC).

 
4.
Continued Public Hearings
 
A.
Coastal Development Permit No. 18-015, Site Plan Review Nos. 18-017 and 22-023, Variance No. 18-024, and Minor Modification No. 18-007 – An application to construct a new two-story single-family residence and associated development (Continued from November 7, 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: Adopt Planning Commission Resolution No. 22-67 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 18-015 to construct a new two-story, 4,864 square foot single-family residence, including a 2,258 square foot basement, a swimming pool and spa, grading, hardscape, landscaping, and the installation of a new onsite wastewater treatment system, including Site Plan Review No. 18-017 for construction over 18 feet up to a maximum height of 24 feet for a flat roof, Site Plan Review No. 22-023 for the project to be exempt from additional regulations for hillside residential development pursuant to the provisions of Malibu Municipal Code Section 17.62.040(A)(11), Variance No. 18-024 for construction on slopes steeper than 2.5 to 1, and Minor Modification No. 18-007 for up to a 50 percent reduction of the front yard setback in the Rural Residential-Two Acres zoning district located at 30015 Andromeda Lane (Fazeli).

 
B.
Coastal Development Permit Amendment No. 16-009, Site Plan Review Nos. 19-049 and 22-024 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 site plan reviews for remedial grading over the amount previously approved and for new construction over 18 feet in height, up to 24 feet in height for a flat roof (Continued from October 17, 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 Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 22-62 determining the project is consistent with Initial Study No. 07-002 and Mitigated Negative Declaration No. 07-006 previously adopted by the City, and approving Coastal Development Permit Amendment No. 16-009 to amend Coastal Development Permit No. 05-025 for a two-story 9,524 square foot single-family residence, 900 square foot guest house with an office and garage, swimming pool, onsite wastewater treatment system, and other associated development; including site plan reviews for remedial grading over the amount previously approved and for new construction over 18 feet in height, up to 24 feet in height to allow for a flat roof in the Rural Residential, 40-Acre zoning district located at 18805 Pacific Coast Highway (EVO M SPV 100, LLC).
 
C.
Appeal No. 22-008 – Appeal of Planning Director’s denial of a time extension request to extend the Planning Director’s previous approval of Administrative Coastal Development Permit No. 17-081 (Continued from November 21, 2022)

Location: 28916 Wight Road, partially within the appealable zone
APN: 4467-034-003
Appellant/Owner: Malibu Landing LLC
Staff Contact: Development and Operations Manager Salazar, 456-2489, ext. 245

 
Recommendation Action: Adopt Planning Commission Resolution No. 22-73, finding the action not subject to the California Environmental Quality Act, and denying Appeal No. 22-008, upholding the Planning Director’s denial of a time extension request to extend Administrative Coastal Development Permit No. 17-081, an application for a new single-family residence and associated development, located in the Single-Family Low Density zoning district at 28916 Wight Road.
5.
New Public Hearings
 
A.
Wireless Right-of-Way Permit No. 22-002, Coastal Development Permit No. 22-007, Waiver No. 22-002, Variance No. 22-005, and Site Plan Review No. 22-004 – An application for a new AT&T wireless communications facility attached to a replacement Southern California Gas Company utility pole

Location: 20703.5 Pacific Coast Highway, within the appealable coastal zone
Nearest APN: 4450-017-008
Applicant: Jillianne Newcomer of Synergy for AT&T
Owner: California Department of Transportation (Caltrans) public right-of-way
Case Planner: Associate Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 22-59 determining the project is categorically exempt from the California Environmental Quality Act, and approving Wireless Right-of-Way Permit No. 22-002 and Coastal Development Permit No. 22-007 for AT&T to install two new wireless antennas attached to a replacement Southern California Gas Company utility pole reaching a maximum height of 35 feet, and electrical support equipment attached to the pole, including Waiver No. 22-002 to allow accessory equipment attached to the pole rather than underground or within the antenna shroud, Variance No. 22-005 for a new wireless facility over 28 feet in height and Site Plan Review No. 22-004 to install and operate a wireless communications facility within the public right-of-way located at 20703.5 Pacific Coast Highway (AT&T).

 
B.
Coastal Development Permit No. 05-081, Variance Nos. 09-023 and 16-024, and Site Plan Review No. 06-032 – An application for the construction of a new single-family residence and associated development

Location: 31864 Sea Level Drive, within the appealable coastal zone
APN: 4470-027-020
Owners: Narod Najarian and Garo Bedrossian
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

 
Recommended Action: : Adopt Planning Commission Resolution No. 22-09 determining the California Environmental Quality Act does not apply to the project, and denying Coastal Development Permit No. 05-081 for the construction of a new 1,799 square foot, two-story single-family residence plus a 398 square foot attached garage and 995 square foot basement, 240 square foot ground floor deck, 349 square foot second floor deck, 125 square foot second floor balcony, permeable driveway and onsite wastewater treatment system; including Variance (VAR) No. 09-023 for construction in a stream Environmentally Sensitive Habitat Area buffer, VAR No. 16-024 to allow for the septic system’s dispersal field to extend into the required 100-foot setback from the creek, and Site Plan Review No. 06-032 for height over 18 feet but not to exceed 26 feet, 2 inches for a pitched roof, in the Single-Family Medium Density zoning district located at 31864 Sea Level Drive (Najarian and Bedrossian).

 
6.
Old Business
 
None.
 
7.
New Business
 
None. 
  
8.
Planning Commission Items
 
None.
   
Adjournment
 
Future Meetings
Monday, December 19, 2022 6:30 p.m. CANCELLED  
Monday, January 2, 2023 6:30 p.m. CANCELLED  
Tuesday, January 17, 2023 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.