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 donate 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 meeting and use the Raise Hand feature to request to speak when the Chair calls the item. When you join the Zoom meeting 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 canceled or continued due to the inability of some members of the public to access the remote meeting.
Malibu Planning Commission Regular Meeting Agenda (to be held during COVID-19 emergency)
Monday, October 16, 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
Written and Oral Communications from the Public
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.
Planning Commission and staff comments and inquiries
Previously Discussed Items
Approval of Minutes
Recommended Action: Approve the minutes of the October 2, 2023 Regular Planning Commission meeting.
Zoning Text Amendment 23-003 –Extend Deadlines for Nonconforming In-kind Disaster Rebuild Projects
Recommended Action: Adopt Planning Commission Resolution No. 23-45 recommending the City Council adopt Zoning Text Amendment No. 23-003 to amend Malibu Municipal Code Section 17.60.020(C) to add three years to the deadline to initiate the planning application process and obtain building permits to rebuild a nonconforming structure that was damaged or destroyed in the Woolsey Fire and finding the action exempt from the California Environmental Quality Act.
Staff Contact: Development and Operations Manager Salazar, 456-2489, ext. 245
Coastal Development Permit Amendment No. 20-017 – An application to amendCoastal Development Permit No. 13-040 to allow the installation of landscaping in thepublic right-of-way to visually screen the recently approved water tank
Location: 5723 Busch Drive
Owner: City of Malibu public right-of-way
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482
Recommended Action: Adopt Planning Commission Resolution No. 23-42 determining the project is exempt from the California Environmental Quality Act and approving Coastal Development Permit Amendment No. 20-017 to amend Coastal Development Permit No. 13-040 for the installation of landscaping in the City’s public right-of-way to visually screen the recently approved water tank at 5723 Busch Drive.
Coastal Development Permit-Woolsey Fire 21-006, Site Plan Review No. 23-038, Variance No. 23-026, Lot Line Adjustment No. 21-002 – An application for the construction of a new, two-story, single-family residence with an attached garage, grading, landscape, hardscape and other associated development, and installation of a new onsite wastewater treatment system; including an after-the-fact lot line adjustment for a historical land transfer between APNs 4468-004-033 and 4468-005-028, a variance for a non-conforming lot size and a site plan review for building height in excess of 18 feet (maximum 28 feet) for a pitched roof for replacement of a residence destroyed in the Woolsey Fire
Location: 29280 Greenwater Road
APNs: Lot A - 4468-004-033
Lot B – 4468-005-028
Owners: Lot A - Edward and Nancy Kummer, Kummer Family Trust
Lot B – Robert Dylan
Case Planner: Contract Planner Shah, 456-2489, ext. 385
Recommended Action: Continue the item to the November 6, 2023 Regular Planning Commission meeting.
Formula Retail Clearance Presentation
Recommended Action: Receive and file staff’s presentation on Formula Retail Clearance.
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 meeting 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 donating one minute to another speaker, not to exceed a total of eight minutes. The speaker wishing to donate time must be present when the item is heard and their form must be submitted with the speaker form for the individual they are donating time to. Speakers are taken in the order slips are submitted. In-person speakers will be called prior to Zoom speakers.
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 the Media Team at [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.