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

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 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

Monday, April 15, 2024

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

Zoom Meeting Link:
https://us02web.zoom.us/j/82526714405
 
Call to Order – Chair
 
Roll Call – Recording Secretary
 
Approval of Agenda
 
Report on Posting of Agenda
 
1.
Ceremonial/Presentations
 
A.
Planning Commission Reorganization

Recommended Action: Conduct the election of Chair and Vice Chair

Staff Contact: Senior Administrative Analyst Evans, 456-2489, ext. 246
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. 14-079, Variance No. 14-058, Site Plan Review No. 14-056, Minor Modification No. 14-017, and Lot Merger No. 14-001 – A request to extend the Planning Commission’s approval to combine two adjacent lots into one, and to construct a new single-family residence and associated development

Location: 27136 Sea Vista Drive
APN: 4460-009-007
Owners: HH & HK, LLC; Malibu Sisters, LLC; and Sea Vista and Me, LLC
Case Planner: Assistant Planning Director Fernandez, 456-2489, ext. 482

Recommended Action: Adopt Planning Commission Resolution No. 24-24 granting a one-year time extension of Coastal Development Permit No. 14-079 for the construction of a new 4,725 square foot, two-story single-family residence with a 593 square foot attached garage and 1,000 square foot basement, 600 square foot detached art studio, swimming pool, spa, flatwork, grading, fencing, gates, landscaping, soldier pile slope stabilization, and onsite wastewater treatment system; including Variance No. 14-058 for construction on slopes greater than 2.5 to 1, Site Plan Review No. 14-056 for a residence over 18 feet in height but not to exceed 24 feet for a flat roof, Minor Modification No. 14-017 for a 50 percent reduction of the required front yard setback, and Lot Merger No. 14-001 to combine two adjacent legal lots into one in the Rural Residential, Two-Acre zoning district located at 27136 Sea Vista Drive (HH & HK, LLC; Malibu Sisters, LLC; and Sea Vista and Me, LLC).
  
4.
Continued Public Hearings
 
A.
Coastal Development Permit No. 23-019 and Site Plan Review No. 23-024 – An application for a new single-family residence, a second unit, and associated development (Continued from March 18, 2024)

Location: 30053 Harvester Road, not within the appealable coastal zone
APN: 4469-009-010
Owner: Steven Kent
Case Planner: Senior Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 24-21 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence, plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system; including Site Plan Review No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre zoning district at 30053 Harvester Road (Kent).
   
5.
New Public Hearings
 
A.
Coastal Development Permit No. 17-093, Site Plan Review No. 17-061, and Demolition Permit No. 19-019 – An application to demolish an existing single-family residence and associated development, and construct a new single-family residence and associated development

Location: 32752 Pacific Coast Highway, within the appealable coastal zone
APN: 4473-016-008
Owner: Pacific Highway Sunshine, LLC
Case Planner: Senior Planner Brooks, 456-2489, ext. 276

Recommended Action: Adopt Planning Commission Resolution No. 24-17 determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No. 17-093 and Demolition Permit No. 19-019 for the demolition of an existing single-family residence and associated development, construction of a new two-story, 7,912 square foot single-family residence, swimming pool, landscaping, hardscape, grading, and installation of a new onsite wastewater treatment system; including Site Plan Review No. 17-061 for construction in excess of 18 feet in height, up to 28 feet for a pitched roof, located in the Rural Residential, Two-Acre zoning district at 32752 Pacific Coast Highway (Pacific Highway Sunshine, LLC).
   
B.
Conditional Use Permit No. 24-003 – An application to allow the operation of a new restaurant (Clark’s Oyster Bar), including outdoor dining area and onsite sale and consumption of alcohol

Location: 23465 Civic Center Way, Building 2, Suite 210
APN: 4458-022-032 (Parcel A)
Owner: Cross Creek Ranch Malibu, LLC
Case Planner: Planning Director Mollica, 456-2489, ext. 346

Recommended Action: Adopt Planning Commission Resolution No. 24-03 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No. 24-003 to allow the operation of a restaurant (Clark’s Oyster Bar) including an outdoor dining area and authorizing the Planning Director to submit a Letter of Public Convenience or Necessity to the California Department of Alcoholic Beverage Control to allow the onsite service of beer, wine, and distilled spirits in the Community Commercial zoning district within the Town Center Overlay District located at 23465 Civic Center Way (formerly 3700 La Paz Lane), Parcel A, Building 2, Suite 210 (Cross Creek Ranch Malibu, LLC).
   
C.
Conditional Use Permit No. 24-004 – An application to allow the operation of a new restaurant (Pura Vida Miami), including outdoor dining area

Location: 23465 Civic Center Way, Building 7, Suite 705
APN: 4458-022-032 (Parcel A)
Owner: Cross Creek Ranch Malibu, LLC
Case Planner: Planning Director Mollica, 456-2489, ext. 346

Recommended Action: Adopt Planning Commission Resolution No. 24-10 determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No. 24-004 to allow the operation of a restaurant (Pura Vida Miami), including outdoor dining area, in the Community Commercial zoning district within the Town Center Overlay District located at 23465 Civic Center Way (formerly 3700 La Paz Lane), Parcel A, Building 7, Suite 705 (Cross Creek Ranch Malibu, LLC).
   
6.
Old Business
 
None.
   
7.
New Business
 
None.
   
8.
Planning Commission Items
 
None.
    
Adjournment
 
Future Meetings
Monday, May 6, 2024 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Monday, May 20, 2024 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Monday, June 3, 2024 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 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 media@malibucity.org. Material must be submitted by 12:00 p.m. on the meeting day.