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 to stream the live meeting or learn how to use the Zoom application.
 
Amended Malibu Planning Commission
Regular Meeting Agenda

Monday, July 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/81179253060
Call to Order – Chair
 
Roll Call – Recording Secretary
 
Pledge of Allegiance
 
Approval of Agenda
 
Report on Posting of Agenda. – July 3, 2024; Amended Agenda July 10, 2024
 
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. 21-066 – An application for the installation of a new onsite wastewater treatment system as a follow up to Emergency Coastal Development Permit No. 19-020

Location: 21569 Paseo Serra Street, not within the appealable coastal zone
APN: 4451-014-050
Owners: Jennifer and Shane Connell
Case Planner: Assistant Planner Azzaz, 456-2489, ext. 302

Recommended Action: Receive and file the Planning Director’s report on the approval of Administrative Coastal Development Permit No. 21-066.
   
2.
Extension of Coastal Development Permit No. 14-028 – A request to extend the Planning Commission’s approval of an application for the construction of a new single-family home and associated development

Location: 31438 Broad Beach Road
APN: 4470-017-065
Owner: 2XMD Partners LLC
Case Planner: Senior Planner Eaton, 456-2489, ext. 273

Recommended Action: Adopt Planning Commission Resolution No. 24-54 granting a one-year time extension of Coastal Development Permit No. 14-028 for the construction of a new 7,237 square foot single-family residence with attached garage, swimming pool, spa, and roof deck on a beachfront lot and removal of an existing rock revetment, including variance no. 14-012 for construction on steep slopes and Variance No.15-013 for construction of a shoreline protection device to allow for the continued protection of an existing slope and surrounding properties located in the Single-Family Medium Density zoning district at 31438 Broad Beach Road (2XMD Partners LLC).
  
3.
Approval of Minutes

Recommended Action: Approve the minutes of the June 17, 2024 Regular Planning Commission meeting.

Staff Contact: Senior Management Analyst Evans, 456-2489, ext. 246
  
4.
Continued Public Hearings
 
A.
Coastal Development Permit-Woolsey Fire No. 23-004, Site Plan Review No. 23-026 and Demolition Permit No. 24-020 – An application to allow for the construction of a 4,620 square-foot addition to a destroyed single-family residence approved under Planning Verification-Woolsey Fire No. 21-034, extension of the existing swimming pool and spa, reconfiguration of the existing driveway, hardscape, landscape, grading, improvements to the existing tennis court; demolition of existing hardscape and landscape, and installation of a new onsite wastewater treatment system; including a site plan review for construction of the residence over 18 feet in height not to exceed 24 feet in height (Continued from June 3, 2024)

Location: 29738 Cuthbert Road, partially within the appealable coastal zone
APN: 4469-041-011
Owner: Malibo, LLC
Case Planner: Contract Planner Shah, 456-2489, ext. 385

Recommended Action: Consider Coastal Development Permit-Woolsey Fire No. 23-004 for the construction of a 4,620 square foot addition to a destroyed single-family residence with an attached garage approved under Planning Verification-Woolsey Fire No. 21-034, extension of the existing swimming pool and spa, driveway reconfiguration, improvements to existing tennis court, new hardscaping, landscaping, grading, and onsite wastewater treatment system; including Demolition Permit No. 24-020 for the demolition of existing hardscape and landscape; and Site Plan Review No. 23-026 for construction of the residence over 18 feet in height not to exceed 24 feet in height for a flat roof located in the Rural Residential, Two-Acre zoning district at 29738 Cuthbert Road and provide direction to staff to bring back a resolution consistent with the Planning Commission’s decision (Malibo, LLC).
  
B.
Conditional Use Permit No. 23-009 – An application for a food market to sell beer and wine for off-site consumption (Continued from June 3, 2024)

Location: 3900 Cross Creek Road, Unit 3
APN: 4452-011-039
Owner: 3900 Cross Creek, LLC
Tenant: Scott’s Malibu Market
Case Planner: Assistant Planner da Silva, 456-2489, ext.314

Recommended Action: Consider Conditional Use Permit (CUP) No. 23-009 is categorically exempt from the California Environmental Quality Act and provide direction to the Planning Department whether to approve, deny or modify CUP No. 23-009 for the sale of beer and wine for offsite consumption at a new café and food market (Scott’s Malibu Market) in an existing commercial shopping center (Malibu Country Mart) (3900 Cross Creek, LLC).
  
5.
New Public Hearings
 
A.
Conditional Use Permit No. 24-007 – An application to allow the operation of a new restaurant, market and sale of alcohol for onsite and offsite consumption

Location: 23465 Civic Center Way, Building 7, Suites 750 and 760
APN: 4458-022-032 (Parcel A)
Owner: Cross Creek Ranch Malibu, LLC
Tenant: Wally’s
Case Planner: Planning Director Mollica, AICP, 456-2489, ext. 346


Recommended Action: Consider whether to approve, deny or modify Conditional Use Permit No. 24-007 to allow the operation of a new restaurant and market including sale of alcohol for onsite and offsite consumption in the Community Commercial zoning district within the Town Center Overlay located at 23465 Civic Center Way (formerly 3700 La Paz Lane), Suites 750 and 760 and provide direction to staff to bring back a resolution consistent with the Planning Commission’s decision (Cross Creek Ranch Malibu, LLC).
 
B.
Coastal Development Permit No. 22-003, Variance No. 22-024, Variance No. 23-004, and Site Plan Review No. 22-029 – An application to construct a new, two-story single-family residence and associated development

Location: 20741 Las Flores Mesa Drive, not within the appealable coastal zone
APN: 4450-030-021
Owner: LFMAC, LLC
Case Planner: Contract Planner Pisarkiewicz, AICP, 949-489-1442

Recommended Action: Consider Coastal Development Permit No. 22-003 for the construction of a new two-story, 8,520 square foot single-family residence with a 4,884 square foot basement, swimming pool, spa, driveway, retaining walls, grading, landscaping, and new onsite wastewater treatment system; including Variance (VAR) No. 22-024 for the proposed development and fuel modification encroachment into the Environmentally Sensitive Habitat Area (ESHA) and ESHA buffer, VAR No. 23-00 for construction on slopes steeper than 2.5 to 1, and Site Plan Review No. 22-029 for construction over 18 feet up to a maximum of 28 feet for a pitched roof and provide direction to staff to bring back a resolution consistent with the Planning Commission’s decision (LFMAC, LLC).
   
6.
Old Business
 
None.
  
7.
New Business
 
None.
  
8.
Planning Commission Items
 
None.
  
Adjournment
 
Future Meetings
Monday, August 5, 2024 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Monday, August 19, 2024 6:30 p.m. Regular Planning Commission Meeting City Hall Council Chambers
Tuesday, September 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 [email protected]. Material must be submitted by 12:00 p.m. on the meeting day.