MINUTES MALIBU PLANNING COMMISSION REGULAR MEETING JUNE 19, 2017 COUNCIL CHAMBERS 6:30 P.M.

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1 MINUTES MALIBU PLANNING COMMISSION REGULAR MEETING JUNE 19, 2017 COUNCIL CHAMBERS 6:30 P.M. CALL TO ORDER ROLL CALL Chair Pierson called the meeting to order at 6:30 p.m. The following persons were recorded in attendance by the Recording Secretary: PRESENT: Chair Mikke Pierson; Vice Chair Chris Marx; and Commissioners Jeffrey Jennings, John Mazza, and Steve Uhring ALSO PRESENT: Bonnie Blue, Planning Director; Trevor Rusin, Assistant City Attorney; Carlos Contreras, Associate Planner; Jamie Peltier, Assistant Planner; Lilly Rudolph, Contract Planner; and Kathleen Stecko, Senior Office Assistant PLEDGE OF ALLEGIANCE Cece Woods led the Pledge of Allegiance. REPORT ON POSTING OF AGENDA Senior Office Assistant Stecko reported that the agenda for the meeting was properly posted on June 9, APPROVAL OF AGENDA ITEM 1 Commissioner Mazza moved and Commissioner Uhring seconded a motion to approve the agenda, continuing Item Nos. 4.A., 4.B., 4.C., 5.A., and 5.D. to the July 17, 2017 Regular Planning The motion carried unanimously. CEREMONIAL/PRESENTATIONS None. ITEM 2.A. PUBLIC COMMENTS Norman Haynie commented on the status of the open space easement for properties on Pacific Coast Highway at Tuna Canyon. Dennis Smith commented on his positive experience during participation in the dark sky tour and proposed ordinance workshop.

2 Page 2 of 9 ITEM 2.B. COMMISSION / STAFF COMMENTS CONSENSUS In response to Commissioner Uhring, Planning Director Blue and Assistant City Attorney Rusin explained the appeal hearing process for 4000 Malibu Canyon Road where the grounds for appeal would be addressed as well as new evidence and testimony accepted. In response to Commissioners Mazza and Uhring, Planning Director Blue explained there were limitations in trailer usage. She stated property owners were not prohibited from keeping a trailer on their property, but it could not be used as a guest house or second unit or treated as a habitable structure. In response to Commissioner Uhring, Planning Director Blue stated that Code Enforcement staff was addressing the issue of an unpermitted goat shed on Susan Tellem s property and the Planning Department was working toward finding a solution to the unpermitted shed. In response to Commissioner Mazza, Planning Director Blue stated there was an open code enforcement case for Pacific Coast Highway (Nobu Ryokan Motel) and Pacific Coast Highway (Tidepool Gallery) and clarified that neither property held a conditional use permit, therefore there was nothing that could be revoked. In addition, Assistant City Attorney Rusin explained the options available to address the Malibu Municipal Code (MMC) violations. Commissioner Jennings explained the restricted role of the Planning Commission in the decision-making process and stated the City Council had the power to address code enforcement violations within the law. He further elaborated that the Planning Commission made decisions and rules on applications and revoked conditional use permits but did not have general plenary jurisdiction to correct code enforcement violations as they found them. In response to Vice Chair Marx, Assistant City Attorney Rusin clarified violations of coastal development permits would be appropriately addressed when they were reported by Code Enforcement staff and the Los Angeles County Sheriff s Department. In response to Commissioner Mazza, Assistant City Attorney Rusin stated investigation of MMC violations were subject to prosecutorial discretion which takes into account the City s limited resources available for code enforcement. By consensus, the Commission directed staff to report back at the July 17, 2017 Regular Planning Commission meeting on the status of code enforcement activity at Pacific Coast Highway (Nobu Ryokan Motel) and Pacific Coast Highway (Tidepool Gallery) involving the use of the swimming pool. Planning Director Blue announced the 30-day public comment period for the initial study and mitigated negative declaration for the Surfrider Plaza project and the July

3 Page 3 of 9 24, 2017 Special Planning She stated a discussion item on Neighborhood Character would be presented at the July 17, 2017 Regular Planning She provided an update on upcoming hearings for appeals scheduled to be considered by the City Council. In response to Commissioner Mazza, Planning Director Blue explained the Surfrider Plaza project would allow for the inclusion of parking spaces provided for Casa Escobar in the existing vacant lot site. ITEM 3 CONSENT CALENDAR Commissioner Mazza moved and Commissioner Uhring seconded a motion to approve the Consent Calendar. The motion carried unanimously. The Consent Calendar consisted of the following items: B. New Items 1. Extension of Coastal Development Permit No , Variance No , Neighborhood Standards Review No , and Site Plan Review No A first request to extend the Planning Commission s approval of an application for the construction of a new single-family residence and associated development Location: 5920 Paseo Canyon Drive APN: Kirk and Julianne Bachman Case Planner: Senior Planner Fernandez, ext. 482 Recommended Action: Adopt Planning Commission Resolution No granting a two-year extension of Coastal Development Permit No , Variance No , Neighborhood Standards Review No , and Site Plan Review No , an application for the construction of a new single-family residence and associated development in the Single-Family Low Density zoning district located at 5920 Paseo Canyon Drive (Bachman). 2. Approval of Minutes Recommended Action: Approve the minutes for the June 5, 2017 Regular Planning ITEM 4 CONTINUED PUBLIC HEARINGS A. Coastal Development Permit No , Wireless Telecommunications Facility No , Variance No , and Site Plan Review No An application for the installation of a new wireless telecommunications facility within the public right of way (Continued from May 1, 2017) Location: Birdview Avenue, within the public right-of-way Nearest APN: Applicant: Cable Engineering Services, Inc. on behalf of Verizon Wireless City of Malibu Public Right-of-Way

4 Page 4 of 9 Case Planner: Assistant Planner Magafia, ext. 353 Recommended Action: Continue this item to the July 17, 2017 Regular Planning The item was continued to the July 17, 2017 Regular Planning Commission meeting B. Coastal Development Permit No , Wireless Telecommunications Facility No , Variance No , and Site Plan Review No An application for the installation of a new wireless telecommunications facility within the public right of way (Continued from May 1, 2017) Location: Fernhill Drive, within the public right-of-way Nearest APN: Applicant: Cable Engineering Services, Inc. on behalf of Verizon Wireless City of Malibu Public Right-of-Way Case Planner: Assistant Planner Magafia, ext. 353 Recommended Action: Continue this item to the July 17, 2017 Regular Planning The item was continued to the July 17, 2017 Regular Planning Commission meeting C. Coastal Development Permit No , Wireless Telecommunications Facility No , Variance No , and Site Plan Review No An application for the installation of a new wireless telecommunications facility within the public right of way (Continued from May 1, 2017) Location: Grayfox Street, within the public right-of-way Nearest APN: Applicant: Cable Engineering Services, Inc. on behalf of Verizon Wireless City of Malibu Public Right-of-Way Case Planner: Assistant Planner Magafla, ext. 353 Recommended Action: Continue this item to the July 17, 2017 Regular Planning The item was continued to the July 17,2017 Regular Planning Commission meeting D. Coastal Development Permit No and Demolition Permit No An application for the demolition of a one-story accessory carport and storage shed structure, construction of two-story garage/guest house, construction of second floor addition to the main house, and associated development (Continued from June 5, 2017) Location: APN: Avi and Joyce Arad Broad Beach Road, within the appealable coastal zone

5 Page 5 of 9 Case Planner: Contract Planner Janowicz, ext. 345 Recommended Action: Adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, approving Demolition Permit No to demolish the existing carport and storage shed structure, and approving Coastal Development Permit No to construct a new two-story 2,469 square foot detached accessory structure consisting of a 343 square foot partially below grade mechanical room with a height of six feet; a 1,226 square foot two-car garage, gym, and bathroom on the first floor; a 900 square foot guest house on the second floor, a rooftop terrace and attic space with a height of six feet; a 690 square foot second floor addition to the main house; landscaping, hardscape and walls; grading; and installation of a new alternative onsite wastewater treatment system located within the Single-Family Medium zoning district at Broach Beach Road (Arad). Contract Planner Rudolph presented the staff report. Disclosures: Pierson. Commissioners Mazza and Uhring, Vice Chair Marx, and Chair The Commission directed questions to staff. As there were no further questions for staff, Chair Pierson opened the public hearing. Speaker(s): None. As there were no speakers present, Chair Pierson closed the public hearing. further discussion occurred. No Commissioner Mazza moved and Commissioner Jennings seconded a motion to adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, approving Demolition Permit No to demolish the existing carport and storage shed structure, and approving Coastal Development Permit No to construct a new two-story 2,469 square foot detached accessory structure consisting of a 343 square foot partially below grade mechanical room with a height of six feet; a 1,226 square foot two-car garage, gym, and bathroom on the first floor; a 900 square foot guest house on the second floor, a rooftop terrace and attic space with a height of six feet; a 690 square foot second floor addition to the main house; landscaping, hardscape and walls; grading; and installation of a new alternative onsite wastewater treatment system located within the Single-Family Medium zoning district at Broach Beach Road (Arad). The question was called and the motion carried unanimously.

6 Page 6 of 9 ITEM 5 NEW PUBLIC HEARINGS A. Coastal Development Permit No , Site Plan Review No , Minor Modification No , and Demolition Permit No An application to demolish an existing single-family residence and associated development and construct a new single-family residence and associated development Location: Cliffside Drive, within the appealable coastal zone APN: The Chistopher Cortazzo Trust Case Planner: Associate Planner Contreras, ext. 265 Recommended Action: Continue this item to the July 17, 2017 Regular Planning The item was continued to the July 17, 2017 Regular Planning Commission meeting B. Conditional Use Permit No An application to permit the continued sale of beer and wine at the existing market at the Malibu Beach RV Park Location: Pacific Coast Highway APN: Serra Canyon Company, LTD Tenant: Malibu Beach RV Park Case Planner: Assistant Planner Peltier, ext. 244 Recommended Action: Adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No to permit the continued sale of beer and wine at an existing onsite market in the Malibu Beach RV Park, including a California Department of Alcoholic Beverage Control License Type 20 (Off-Sale Beer and Wine) to allow the sale of beer and wine in the Recreational Vehicle Park zoning district located at Pacific Coast Highway (Serra Canyon Company, LTD). Assistant Planner Peltier presented the staff report. Disclosures: Vice Chair Marx and Chair Pierson. The Commission directed questions to staff. As there were no further questions for staff, Chair Pierson opened the public hearing. Speaker: William King. As there were no other speakers present, Chair Pierson closed the public hearing. No further discussion occurred.

7 Page 7 of 9 Commissioner Mazza moved and Commissioner Uhring seconded a motion to adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, and approving Conditional Use Permit No to permit the continued sale of beer and wine at an existing onsite market in the Malibu Beach RV Park, including a California Department of Alcoholic Beverage Control License Type 20 (Off-Sale Beer and Wine) to allow the sale of beer and wine in the Recreational Vehicle Park zoning district located at Pacific Coast Highway (Serra Canyon Company, LTD). The Commission discussed the motion. The question was called and the motion carried unanimously. C. Coastal Development Permit No , Code Violation No and Demolition Permit No An application for the installation of a new alternative onsite wastewater treatment system, after-the-fact remodel, and associated development Location: Malibu Colony Road, within the appealable coastal zone APN: Ontario Limited Case Planner: Associate Planner Contreras, ext. 265 Recommended Action: Adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No , and Demolition Permit No to demolish a failed onsite wastewater treatment system, a portion of the existing single-family residence, patio, and decking, install a new alternative onsite wastewater treatment system, new water feature and permit an after-the-fact interior and exterior remodel at an existing single-family beachfront residence, located in the Single-Family Medium zoning district within the Malibu Colony Overlay District at Malibu Colony Road ( Ontario Limited). Associate Planner Contreras presented the staff report. Disclosures: Commissioner Uhring and Chair Pierson. The Commission directed questions to staff. As there were no further questions for staff, Chair Pierson opened the public hearing. Speaker: Jaime Harnish. As there were no other speakers present, Chair Pierson closed the public hearing and returned the matter to the table for discussion.

8 Page 8 of 9 The Commission directed questions to staff and Mr. Harnish. Commissioner Uhring moved and Commissioner Mazza seconded a motion to adopt Planning Commission Resolution No determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit No , and Demolition Permit No to demolish a failed onsite wastewater treatment system, a portion of the existing single-family residence, patio, and decking, install a new alternative onsite wastewater treatment system, new water feature and permit an after-the-fact interior and exterior remodel at an existing single-family beachfront residence, located in the Single-Family Medium zoning district within the Malibu Colony Overlay District at Malibu Colony Road ( Ontario Limited). The question was called and the motion carried unanimously. D. Local Coastal Program Amendment No An application to change land use and zoning designations of four contiguous parcels from Public Open Space and Rural Residential-Forty Acre to Rural Residential-Twenty Acre Location: 5603 and 5699 Tuna Canyon Road and and Pacific Coast Highway APNs: , , , and Canyon Vineyard Estates I, LLC Case Planner: Senior Planner Mollica, ext. 346 Recommended Action: Continue this item to July 17, 2017 Regular Planning The item was continued to the July 17, 2017 Regular Planning Commission meeting ITEM 6 OLD BUSINESS None. ITEM 7 NEW BUSINESS None. ITEM 8 PLANNING COMMISSION ITEMS None. ADJOURNMENT At 7:40 p.m., Commissioner Mazza moved and Commissioner Uhring seconded a motion to adjourn the meeting. The motion carried unanimously.

9 Page 9 of 9 Approved and adopted by the Planning Commission of the City of Malibu on July 17, MIKKE PIERSON, Chair ATTEST: ~a. KA HLEEN TECKO, Recording Secretary