Meeting
HOW TO VIEW THE MEETING: The meeting will be live streamed at www.malibucity.org/video and via Zoom Webinar. 

HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] at least three days prior to the meeting to provide adequate time for Commissioner consideration. Correspondence will continue to be processed until thirty minutes prior to the start of the meeting or as practical

HOW TO PARTICIPATE IN-PERSON DURING THE MEETING:
Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form and be present in the Council Chambers when the item is called by the Chair. In-person participants may also surrender their opportunity to speak on a particular item to defer one minute to another in-person speaker, not to exceed a total of eight minutes
.

HOW TO PARTICIPATE REMOTELY DURING THE MEETING: In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Chair calls the item. When you join the Zoom Webinar you may see a pop-up asking you to enter an email address, but a valid email address is not required. Be advised that those participating via Zoom do so at their own risk; remote participants should not expect the meeting to be cancelled or continued due to the inability of some members of the public to access the remote meeting. 

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, July 17, 2023

6:30 PM – REGULAR PLANNING COMMISSION MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road

Zoom Webinar Link:

https://us02web.zoom.us/j/87021465947

​​​​​​​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. 13-040, Conditional Use Permit No. 13-015, Negative Declaration No. 20-001, Variance Nos. 13-042, 13-043, 15-035 and 15-036, Minor Modification No. 13-011 and Demolition Permit No. 20-011 – An application to extend the Planning Commission’s approval for replacement of an existing 300,000-gallon water tank with a new 385,000-gallon water tank, generator, hardscape, gates and fencing and associated development

Location: 5723 Busch Drive
APN: 4469-028-006
Owner: Serra Canyon Company, LTD
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 23-26 granting a one-year extension of Coastal Development Permit No. 13-040 for the replacement of an existing 300,000-gallon water tank with a new 385,000-gallon water tank to meet current domestic and fire protection standards, generator, hardscape, gates and fencing, Conditional Use Permit No. 13-015 for a water tank on a Rural Residential parcel, Variance No. 13-042 for the height of the water tank to exceed the maximum height up to 26 feet, Variance No. 13-043 for a non-view permeable, eight feet in height fencing within the front yard setback, Variance No. 15-035 for the installation of a 7-foot, 8-inch in height back-up generator within the required rear yard setback from the required 15 feet to the proposed 5 feet, 3 inches, Variance No. 15-036 for impermeable coverage to exceed the maximum permitted for up to 9,219 square feet, Minor Modification No. 13-011 for the water tank to provide a 50 percent reduction of the required front yard setback from the required 20 feet to the proposed 10 feet and Demolition Permit No. 20-011 for the full demolition of the existing water tank and other associated development located in the Rural Residential, Two-Acre zoning district at 5723 Busch Drive (Serra Canyon Co, LTD).
   

 
2.
Malibu Inn Motel – Coastal Development Permit No. 09-067, Mitigated Negative Declaration No. 20-003 and Initial Study No. 20-003, Conditional Use Permit No. 18-002, Variance Nos. 18-030, 18-031, and 20-035, and Site Plan Review No. 18-025 – An application for development of a motel project

Location: 22959 Pacific Coast Highway, within the appealable coastal zone
APN: 4452-019-005
Owner: Surfrider Plaza, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 23-24 pursuant to the California Environmental Quality Act, adopting Mitigated Negative Declaration No. 20-003 and Initial Study No. 20-003 and approving Coastal Development Permit No. 09-067 for the construction of a new 7,693 square foot, 20-room motel above a new subterranean parking garage, surface parking lot, rooftop bar area, grading, retaining walls, landscaping, a new onsite wastewater treatment system and authorization for the Planning Director to submit a letter of public convenience or necessity for the sale of alcohol; Conditional Use Permit No. 18-002 for a motel in the Commercial Visitor Serving-1 zoning district and sale of alcohol; including Variance No. 18-030 for construction on slopes steeper than 3 to 1, Variance No. 18-031 for a retaining wall that is an integral part of the building in excess of 12 feet in height, Variance No. 20-035 for surface parking within the required front yard setback, and Site Plan Review No. 18-025 for a building height in excess of 18 feet, not to exceed 24 feet for a flat roof, located in the Commercial Visitor Serving-1 zoning district at 22959 Pacific Coast Highway (Surfrider Plaza, LLC); and request direction from the Planning Commission about whether the rooftop swimming pool and spa are uses authorized in the CV-1 zoning district (Surfrider Plaza, LLC)
  
3.
De Minimis Waiver No. 23-004 – An application for a new onsite wastewater treatment system for a Woolsey Fire affected parcel

Location: 5947 Trancas Canyon Road, partially within the appealable coastal zone
APN: 4470-003-025
Owner: Trancas Canyon, 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. 23-004 for a new onsite wastewater treatment system for a Woolsey Fire affected parcel.
  
4.
Approval of Minutes

Recommended Action: Approve the minutes of the November 7, 2022 and June 5, 2023 Regular Planning Commission meetings.

Staff Contact: Senior Administrative Analyst Evans, 456-2489, ext. 246
  
5.
Administrative Coastal Development Permit-Woolsey Fire No. 22-005 – An application to allow for the construction of a new 5,643 square foot, one-story single-family residence with a 999 square foot basement, 729 square foot attached garage and associated development including the construction of a new 900 square foot detached second unit for a total development square footage of 7,272 square feet, a new swimming pool and spa, reconfiguration of the existing driveway hardscaping, landscaping, grading, and installation of a new onsite wastewater treatment system on a Woolsey Fire affected parcel

Location: 29271 Greenwater Road, not within the appealable coastal zone
APN: 4468-005-027
Owner: New Line, LLC
Case Planner: Contract Planner Shah, 456-2489, ext. 385

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit-Woolsey Fire No. 22-005.
   
4.
Continued Public Hearings
 
None.
  
5.
New Public Hearings
 
A.
Coastal Development Permit No. 21-050 and Code Violation No. 21-127 – An application to replace a failing onsite wastewater treatment system, the extension of an existing soldier pile wall and associated development

Location: 27551 Pacific Coast Highway, not within the appealable coastal zone
APN: 4460-005-020
Owner: New Freedom, LLC
Case Planner: Senior Planner Brooks, 456-2489, ext. 276

Recommended Action: Adopt Planning Commission Resolution No. 23-37 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 21-050 for the replacement of an onsite wastewater treatment system that serves an existing single-family residence, an extension of an existing soldier pile wall, and associated development, located in the Rural Residential, Two-Acres zoning district at 27551 Pacific Coast Highway (New Freedom, LLC)
   
B.
Coastal Development Permit No. 19-091 and Tentative Parcel Map No. 20-001 – An application for a tentative parcel map to subdivide two lots into a total of four lots

Location: 6301 Trancas Canyon Road, within the appealable coastal zone
APNs: 4470-012-002 and 4470-012-046
Owner: Third Point land Company, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 23-34 determining the project is exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 19-091 and Tentative Parcel Map No. 20-001 to subdivide two existing legal lots into a total of four legal lots in the Rural Residential, Five-Acre zoning district located at 6301 Trancas Canyon Road (Third Point Land Company, LLC).
   
C.
Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 – An application for the conversion of existing multi-family apartment buildings to a motel

Location: 22800 Pacific Coast Highway, within the appealable coastal zone
APN: 4452-004-032
Owners: Carbon Investments
Case Planner: Contract Planner Pisarkiewicz, 949-489-1442

Recommended Action: Adopt Planning Commission Resolution No. 23-35, determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 23-040 and Conditional Use Permit No. 21-008 for a change of use from existing, non-conforming multi-family residential to motel on a property located in the Commercial Visitor Serving-1 zoning district located at 22800 Pacific Coast Highway (Carbon Investments).
  
6.
Old Business
 
None.  
   
7.
New Business
 
None.
  
8.  Planning Commission 

     None.

Adjournment
  
Future Meetings
Monday, August 7, 2023 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Monday, August 21, 2023 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Tuesday, September 5, 2023 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers

Guide to Planning Commission Proceedings

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 minutes.  Members of the public may speak during the meeting in-person or through the Zoom application. In order to participate remotely, you must be present in the Zoom Webinar during the item that you would like to speak on and use the Raise Hand feature to request to speak when the Chair calls the item. In order to participate in-person, each speaker must complete and submit to the Recording Secretary a Request to Speak form prior to the beginning of the item being announced by the Chair. In person participants may surrender their time by deferring one minute to another speaker, not to exceed a total of eight minutes. The speaker wishing to defer time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are deferring time to. Speakers are taken in the order slips are submitted. In-person speakers will be called prior to Zoom Webinar.

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.  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. 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.