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

Monday, April 3, 2023

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.
De Minimis Waiver No. 22-014An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 5628 Calpine Drive, not within the appealable coastal zone
APN: 4467-025-014
Owner: Jean Luc and Fabienne S. Azerad
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. 22-014 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.

 
2.
Request for a Determination of Use No. 22-001 – Private Tattoo Studio in a Commercial Neighborhood Zoning District

Location: 24955 Pacific Coast Highway
APN: 4458-032-007
Owner: Mark Goldman
Applicant: Caitriona McDaid-Kelly
Case Planner: Planning Technician Martinez, 456-2489, ext. 251

Recommended Action: Adopt Planning Commission Resolution No. 23-14, determining the project is exempt from the California Environmental Quality Act, and approving Determination of Use No. 22-001, determining that a private tattoo studio use is similar to, and not more objectionable than, a veterinary hospital use in the Commercial Neighborhood zoning district, subject to obtaining a conditional use permit.

 
3.
De Minimis Waiver No. 20-017 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 29407 Bluewater Road, partially within the appealable coastal zone
APN: 4468-006-014
Owners: Kohn Styne Trust
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. 20-017 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
 
4.
Continued Public Hearings
 
A.
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 (Continued from February 6, 2023)

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: Continue this item to the April 17, 2023 Regular Planning Commission meeting.
 
B.
Coastal Development Permit No. 15-002, Variance Nos. 16-019 and 17-052, Site Plan Review No. 16-041 and Minor Modification No. 21-005 – An application for the construction of a new two-story single-family residence and associated development (Continued from March 20, 2023)

Location: 28906 Verde Mesa Lane, partially within the appealable coastal zone
APN: 4467-018-031
Owner: Maron Family Trust
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 23-18 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 15-002 for the construction of a new 5,913 square foot, two-story single-family residence plus a 668 square foot attached garage, swimming pool, spa, deck, hardscape, fencing, grading, retaining walls, and landscape, onsite wastewater treatment system; including Variance No. 16-019 for fuel modification encroachment into the Environmentally Sensitive Habitat Area and Environmentally Sensitive Habitat Area buffer, Variance No. 17-052 for construction on slopes steeper than 2.5 to 1, Site Plan Review No. 16-041 for height over 18 feet but not to exceed 28 feet for a pitched roof, and Minor Modification No. 21-005 for a less than 50 percent reduction to the required front yards setback in the Rural Residential, Five-Acre zoning district located at 28906 Verde Mesa Lane (Maron Family Trust).
 
C.
Outdoor Lighting Review No. 20-004, Outdoor Lighting Review Deviation No. 21-001 – An application for new exterior lighting to meet the requirements of the Dark Sky Ordinance (Continued from March 6, 2023)

Location: 29145 Heathercliff Road
APN: 4468-010-014
Owner: Thrifty Oil Company
Case Planner: Senior Planner Eaton, 456-2489, ext. 273

Recommended Action: Consider the merits of the agenda report published for the March 6, 2023 Planning Commission meeting or await a supplemental agenda report should the applicant submit revised plans.
 
5.
New Public Hearings
 
A.
Coastal Development Permit No. 21-065, Site Plan Review No. 21-036, Lot Line Adjustment No. 21-003, Lot Merger No. 21-001, and Demolition Permit No. 21-035 – An application for a remodel of and addition to an existing single-family residence, a new detached garage, lot line adjustment, lot merger, and associated development

Locations:       Lot A - 29049 Cliffside Drive, partially within the appealable coastal zone
                        Lot B - 7140 Grasswood Avenue, not within the appealable coastal zone
                        Lot C - 29055 Cliffside Drive, partially within the appealable coastal zone
APNs:             Lot A - 4466-013-042
                        Lot B - 4466-013-045
                        Lot C - 4466-013-039
Owners:          Lot A - Cynthia S. Schotte Trust
                        Lot B - Cynthia S. Schotte Trust
                        Lot C - Peterson Living Trust
Zoning:           Rural Residential, One Acre
Case Planner: Senior Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 23-20 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 21-065 and Demolition Permit No. 21-035 for an interior and exterior remodel to an existing single-family residence resulting in a 40 square foot reduction to the residence, demolition of an existing 648 square foot detached garage, construction of a new 700 square foot detached two-car garage with rooftop terrace and exterior stairway, remodel of existing shed, outdoor lighting compliant with the Dark Sky Ordinance, new permeable driveway and access from Grasswood Avenue; including Site Plan Review No. 21-036 for construction up to 25 feet in height to allow for a pitched roof, Lot Line Adjustment No. 21-003 to reconfigure lot lines between 29049 Cliffside Drive and 29055 Cliffside Drive, Lot Merger No. 21-001 to combine the lot at 29049 Cliffside Drive and the lot at 7140 Grasswood Avenue located in the Rural Residential, One-Acre zoning district at 29049 Cliffside Drive, 7140 Grasswood Avenue and 29055 Cliffside Drive (Cynthia S. Schotte Trust and Peterson Living Trust).
  
B.
Coastal Development Permit No. 21-033 – An application for a new single-family residence and associated development

Location: 6626 Zumirez Drive, within the appealable coastal zone
APN: 4466-002-009
Owner: Frederic and Peggy North Trust
Case Planner: Contract Planner Pisarkiewicz, 949-489-1442

Recommended Action: Adopt Planning Commission Resolution No. 23-21 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 21-033 for the construction of a new one-story 4,651 square foot single-family residence, two detached garages, a 1,087 square foot basement below one of the garages, surf shack, tennis court, swimming pool, spa, retaining walls, landscaping, hardscaping, grading, onsite wastewater treatment system, and other associated equipment, located in the Rural Residential, One-Acre zoning district at 6626 Zumirez Drive (Frederic and Peggy North Trust)
 
6.
Old Business
 
None.
 
7.
New Business
 
None.
  
8.
Planning Commission Items
 
None. 
  
Adjournment
 
Future Meetings
Monday, April 17, 2023 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, May 1, 2023 6:30 p.m. Regular Planning Commission Meeting Location to be determined
Monday, May 15, 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.