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

HOW TO PARTICIPATE BEFORE 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 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 cancelled or continued due to the inability of some members of the public to access the remote meeting
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Please visit https://malibucity.org/VirtualMeeting and follow the directions to stream the live meeting or learn how to use the Zoom application.
 
Malibu Planning Commission
Regular Meeting Agenda

Monday, December 4, 2023

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

City Hall – Council Chambers
23825 Stuart Ranch Road

Zoom Webinar Link: 
https://us02web.zoom.us/j/81092539042 


 
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.
Administrative Coastal Development Permit No. 22-045An application to remodel the existing single-family residence and install a new onsite wastewater treatment system (OWTS) to replace the OWTS on the subject property

Location: 23916 Malibu Knolls Road, not within the appealable coastal zone
APN: 4458-026-008
Owner: Davidson Design Group
Case Planner: Assistant Planner Allen, 456-2489, ext. 233

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 22-045.
  
4.
Continued Public Hearings
 
A.
Coastal Development Permit-Woolsey Fire No. 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, 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 (Continued from November 6, 2023)

Locations: Lot A - 29280 Greenwater Road (Assessor Parcel Number [APN] 4468-005-033), not within the appealable coastal zone
Lot B - APN 4468-005-028, not within the appealable coastal zone
APNs: Lot A - 4468-004-033
Lot B - 4468-005-028
Owners: Lot A - Edward and Nancy Kummer Family Trust
Lot B - Robert Dylan
Case Planner: Contract Planner Shah, 456-2489, ext. 385

Recommended Action: Continue the item to a date uncertain.
  
5.
New Public Hearings
 
A.
Coastal Development Permit No. 22-032, Variance Nos. 22-012, 22-013, 22-014, and 22-015, and Site Plan Review Nos. 22-019 and 22-020 – An application for a new single-family residence and associated development

Location: 31535 ½ Pacific Coast Highway, within the appealable coastal zone
APN: 4470-009-059
Owner: Silvia Macedonio Donahue Living Trust
Case Planner: Contract Planner Wengert, 714-568-1010

Recommended Action: Adopt Planning Commission Resolution No. 23-54 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 22-032 to construct a new 3,913 square foot, two-story, single-family residence plus a 681 square foot attached three-car garage, 898 square foot attached second unit, spa, grading and retaining walls, and install landscaping, hardscape and onsite wastewater treatment system; including Variance No. 22-012 to develop on slopes steeper than 2.5 to 1, Variance No. 22-013 to extend fuel modification into Environmentally Sensitive Habitat Area, Variance No. 22-015 to construct transition slopes steeper than 2 to 1, Variance No. 22-014 to reduce the side yard setback by 50 percent, Site Plan Review No. 22-019 to construct the residence in excess of 18 feet in height, up to 24 feet with a flat roof, and Site Plan Review No. 22-020 to develop on slopes steeper than 3 to 1 and up to 2.5 to 1 located in the Rural Residential, Five-Acre zoning district at 31535½ Pacific Coast Highway (Silvia Macedonio Donahue Living Trust).
   
B.
Coastal Development Permit Amendment No. 22-008An application to amend Coastal Development Permit No. 16-028 to allow for the construction of a 999 square foot basement addition to a previously approved 5,984 square foot, one-story single-family residence

Location: 6333 Sea Star Drive, not within the appealable coastal zone
APN: 4469-047-003
Owner: Issac Real Estate Holdings, Series LLC, Series A
Case Planner: Assistant Planner da Silva, 456-2489, ext. 314

Recommended Action: Adopt Planning Commission Resolution No. 23-55, determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit Amendment No. 22-008 to amend Coastal Development Permit No. 16-0281 for the construction of a 999 square foot basement addition to a previously approved 5,984 square foot, one-story single-family residence and an expansion of the previously approved onsite wastewater treatment system located in the Rural Residential, Two-Acres at 6333 Sea Star Drive (Issac Real Estate Holdings, Series LLC, Series A).
         
C.
Coastal Development Permit No. 23-015 An application for a new in-ground pool and decking

Location: 6316 Busch Drive, partially within the appealable coastal zone
APN: 4467-029-005
Owner: Hubschman Family Trust
Case Planner: Senior Planner Brooks, 456-2489, ext. 276

Recommended Action:
1. Adopt Planning Commission Resolution No. 23-58 determining the California Environmental Quality Act does not apply to the project, and denying Coastal Development Permit No. 23-015 for the constructino of a new in-ground pool and decking located within 100 feet of mapped stream and wetland environmentally sensitive habitat area, in the Rural Residential, Two Acre zoning district located at 6316 Busch Drive; or
2. Determine that the project qualifies for a Coastal Development Permit exemption, and direct staff to process the proposed development as an Administrative Plan Review.

  
D.
Coastal Development Permit No. 22-057 An application for a new second unit and onsite wastewater treatment system serving the second unit

Location: 7058 Fernhill Drive, within the appealable coastal zone
APN: 4466-010-019
Owners: Mastrippolito Trust
Case Planner: Assistant Planner Allen, 456-2489, ext. 233

Recommended Action: Adopt Planning Commission Resolution No. 23-57 determining the project is categorically exempt from the California Environmental Quality Act and approve Coastal Development Permit No. 22-057 to construct a new 891 square foot, maximum 18-foot tall, detached second unit with a new 285 square foot attached garage, onsite wastewater treatment system to serve the second unit, and miscellaneous exterior site improvements located in the Rural Residential, One-Acre zoning district at 7058 Fernhill Drive (Mastrippolito Living Trust).
  
6.
Old Business
 
None.
  
7.
New Business
 
None.
  
8.
Planning Commission Items
 
None.
  
Adjournment
 
Future Meetings
Monday, December 18, 2023 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Tuesday, January 2, 2024 6:30 p.m. CANCELLED  
Tuesday, January 16, 2024 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers

Guide to Planning Commission Proceedings

In order to reduce the risk of spreading COVID-19, the Planning Commission meeting will be in person in City Hall Council Chambers and via teleconference. 

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.  Members of the public wishing to speak during the meeting must participate through the Zoom application.
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.