MINUTES MALIBU PLANNING COMMISSION REGULAR MEETING DECEMBER 18, 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: Trevor Rusin, Assistant City Attorney; Craig George, Environmental Sustainability Director; Bonnie Blue, Planning Director; Jessica Colvard, Associate Planner; Stephanie Hawner, Senior Planner; Richard Mollica, Senior Planner; Kathleen Stecko, Senior Office Assistant; Jessica Thompson, Planning Technician; Robert DuBoux, Assistant Public Works Director; and Jorge Rubalcava, Assistant Civil Engineer PLEDGE OF ALLEGIANCE Assistant City Attorney Rusin 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 December 8, 2017, with the amended agenda properly posted on December 13, 2017. APPROVAL OF AGENDA ITEM 1 Commissioner Mazza moved to approve the agenda moving Item No. 4.B. to be heard before Item No. 4.A. The motion died due to lack of second. Commissioner Uhring moved and Commissioner Mazza seconded a motion to approve the agenda. The motion carried unanimously. CEREMONIAL/PRESENTATIONS ITEM 2.A. PUBLIC COMMENTS Richard Sol commented on the difficulties he had experienced during the planning application process.
Page 2 of 8 ITEM 2.B. COMMISSION I STAFF COMMENTS In response to Commissioner Uhring, Planning Director Blue provided information on the timeline of the Dark Sky ordinance. In response to Commissioner Mazza, Assistant City Attorney Rusin stated a portion of the La Paz property would be transferred to the City as part of a development agreement once several easement issues were resolved. In response to Chair Pierson, Planning Director Blue stated there were no applications submitted for the space formerly occupied by the Granita restaurant, tenant improvements were being undertaken at the former movie theater space in the Malibu Village shopping center, and a planning clearance had been approved for the Dean and DeLuca space. Planning Director Blue announced modified City Hall hours during the holidays. In response to Mr. Sol, she stated that processes and procedures were being refined to improve the responsiveness and efficiency of processing planning applications. Chair Pierson shared his positive experience at the annual City Hall Holiday Open House event. ITEM 3 CONSENT CALENDAR Item Nos. 3.B.2., 3.B,4., and Item No. 3.B.5. were pulled by Chair Pierson. Commissioner Jennings moved and Commissioner Mazza seconded a motion to approve the Consent Calendar except for Item Nos. 3.B.2., 3.B.4., and 3.B.5. The motion carried unanimously. The Consent Calendar consisted of the following items: B. New Items 1. Approval of Minutes Recommended Action: Approve the minutes for the December 4, 2017 Regular Planning Commission meeting. 3. Extension of Coastal Development Permit No. 11-032, Variance Nos. 12-028 and 14-027. and Site Plan Review Nos. 1 1-015 and 12-024 A first request to extend the Planning Commission s approval for the construction of a new single-family residence and associated development Location: 5190 Horizon Drive APN: 4469-005-018 Owner: 5190 Horizon Drive, LLC Case Planner: Senior Planner Fernandez, 456-2489 ext. 482 Recommended Action: Adopt Planning Commission Resolution No. 17-85 granting a one-year extension of Coastal Development Permit No. 11-032, Variance Nos. 12-028 and 14-027, and Site Plan Review Nos. 11-015 and 12-024, an application for the construction of a new single-family residence and associated development located in the Rural Residential-Two Acre zoning district at 5190 Horizon Drive (5190 Horizon Drive, LLC).
Page 3 of 8 The following items were pulled from the Consent Calendar for individual consideration: 2. Extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Site Plan Review No. 10-012, and Demolition Permit No. 08-014 A request to extend the Planning Commission s previous approval for demolition of an existing gas station, and construction of a new commercial building and associated development Location: 22729 Pacific Coast Highway APN: 4452-022-0 10 Owner: Las Tunas Beach, LLC and Grey Granite, LLC Case Planner: Contract Planner Rudolph, 456-2489 ext. 238 Recommended Action: Adopt Planning Commission Resolution No. 17-30 denying a one-year extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Site Plan Review No. 10-012, and Demolition Permit No. 08-014, an application for demolition of an existing gas station and construction of a new commercial building and associated development in the Community Commercial zoning district located at 22729 Pacific Coast Highway (Las Tunas Beach, LLC and Grey Granite, LLC). Contract Planner Rudolph presented the staff report. Disclosures: Commissioners Jennings and Mazza and Chair Pierson. The Commission directed questions to staff. As there were no other questions for staff, Chair Pierson opened public comment. Speakers: Norman Haynie (Luke Hardeman and Carrie Kim deferred time to Mr. Haynie) and Patt Healy. As there were no other speakers present, Chair Pierson closed public comment and returned the matter to the table for discussion. The Commission directed questions to staff and Mr. Haynie. Commissioner Mazza moved to adopt Planning Commission Resolution No. 17-30 denying a one-year extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Site Plan Review No. 10-0 12, and Demolition Permit No. 08-0 14, an application for demolition of an existing gas station and construction of a new commercial building and associated development in the Community Commercial zoning district located at 22729 Pacific Coast Highway (Las Tunas Beach, LLC and Grey Granite, LLC). The motion died due to lack of second.
Page 4 of 8 Commissioner Jennings moved and Chair Pierson seconded a motion to grant a one-year time extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Site Plan Review No. 10-012, and Demolition Permit No, 08-014, a request to extend the Planning Commission s previous approval for demolition of an existing gas station, and construction of a new commercial building and associated development. The Commission discussed the motion and directed questions to staff and Mr. Haynie. The question was called and the motion failed 2-3, Commissioners Mazza and Uhring and Vice Chair Marx dissenting. Commissioner Mazza moved and Vice Chair Marx seconded a motion to adopt Planning Commission Resolution No. 17-30 denying a one-year extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Site Plan Review No. 10-012, and Demolition Permit No. 08-014, an application for demolition of an existing gas station and construction of a new commercial building and associated development in the Community Commercial zoning district located at 22729 Pacific Coast Highway (Las Tunas Beach, LLC and Grey Granite, LLC). The question was called and the motion carried 3-2, Commissioner Jennings and Chair Pierson dissenting. 4. Extension of Coastal Development Permit No. 10-009, Site Plan Review No. 10-006, and Demolition Permit No. 10-011 A fifth request to extend the Planning Commission s approval of an application for the construction of a new single-family residence and associated development Location: 6737 Wildlife Road APN: 4466-007-008 Owner: The Pasquale De Nisco Family Trust Case Planner: Senior Planner Mollica, 456-2489 ext. 346 Recommended Action: Adopt Planning Commission Resolution No. 17-42 denying a one-year extension of Coastal Development Permit No. 10-009, Site Plan Review No. 10-006, and Demolition Permit No. 10-011, an application for the construction of a new single-family residence and associated development in the Rural Residential-One Acre zoning district located at 6737 Wildlife Road (The Pasquale De Nisco Family Trust). Senior Planner Mollica presented the staff report. Disclosures: Commissioner Mazza. The Commission directed questions to staff. As there were no other questions for staff, Chair Pierson opened public comment. Speakers: Tara Moore and Josh Brolin.
Page 5 of 8 As there were no other speakers present, Chair Pierson closed public comment and returned the matter to the table for discussion. The Commission directed questions to staff and Ms. Moore. Commissioner Jennings moved and Chair Pierson seconded a motion to grant a one-year time extension of Coastal Development Permit No. 10-009, Site Plan Review No. 10-006, and Demolition Permit No. 10-011, a fifth request to extend the Planning Commission s approval of an application for the construction of a new single-family residence and associated development. The Commission discussed the motion. The question was called and the motion carried 4-1, Vice Chair Marx dissenting. 5. Administrative Coastal Development Permit No. 14-082 An application for construction of a new single-family residence and associated development Location: 30385 Morning View Drive, not within the appealable coastal zone APN: 4469-016-006 Owners: Greg and Mica Belzberg Case Planner: Contract Planner Rudolph, 456-2489 ext. 238 Recommended Action: Receive and file the Planning Director s report on Administrative Coastal Development Permit No. 14-082. Contract Planner Rudolph presented the staff report. Disclosures: Commissioners Mazza and Uhring and Chair Pierson. The Commission directed questions to staff. As there were no other questions for staff, Chair Pierson opened public comment. Speaker: Don Schmitz (Greg Belzberg and Mica Belzberg deferred time to Mr. Schmitz). As there were no other speakers present, Chair Pierson closed public comment and returned the matter to the table for discussion. The Commission directed questions to staff. Commissioner Uhring moved and Vice Chair Marx seconded a motion to notice the item for a public hearing and process the application as a regular coastal development permit. The Commission discussed the motion.
Page 6 of 8 The question was called and the motion carried 3-2, Commissioner Jennings and Chair Pierson dissenting. RECESS Chair Pierson called a recess at 8:18 p.m. The meeting reconvened at 8:26 p.m. with all Commissioners present. ITEM 4 CONTINUED PUBLIC HEARINGS A. Coastal Development Permit No. 17-092, Variance Nos. 15-037 and 17-041, Conditional Use Permit No. 17-012, Conditional Use Permit Amendment No. 15-004, Joint Use Parking Agreement No. 17-001, and Lot Tie No. 17-001 An application to permit the continued operation of an existing, legal nonconforming hotel use, construct accessory hotel facilities, remove guest only condition for existing restaurant and expand the use, relocate required onsite parking offsite to and tie the lot with 22853 Pacific Coast Highway (Continued from December 4, 2017) Location: 22878 Pacific Coast Highway, within the appealable coastal zone APNs: 4452-005-029, -030 and -031 Tenant: Malibu Beach Inn Owner: Mani MBI (DE), LLC Case Planner: Senior Planner Hawner, 456-2489 ext. 276 Recommended Action: Adopt Planning Commission Resolution No. 17-94 determining the project is exempt from the California Environmental Quality Act, and approving Conditional Use Permit No. 17-012 to authorize the legal nonconforming hotel use, and denying Coastal Development Permit No. 17-092, an application for the Malibu Beach Inn to construct a new swimming pool and pool deck with dining service in the location of required parking, remodel and convert approximately 268 square feet of office and storage room into bathroom facilities and equipment room, reconfigure alternative onsite wastewater treatment system, Conditional Use Permit Amendment No. 15-004 to amend Conditional Use Permit No. 06-00 1 (Planning Commission Resolution No. 06-46) to change Condition No. 2 to allow expansion of the hotel restaurant dining area from 563 square feet (42 seats) to 1,377 square feet (78 seats), and allow dining service for hotel guests only on the proposed 5,174 square foot pool deck (44 seats), and remove Condition No. 15 which restricts the use of restaurant dining area for hotel guests and their invitees only, and approve after-the-fact the opening of the restaurant to the general public; Variance No. 17-037 to provide less than the required number of parking spaces for the hotel with restaurant use; Variance No. 15-041 to relocate the required onsite parking offsite beyond the 300 feet limitation for offsite parking as measured along a safe pedestrian access; Joint Use Parking Agreement No. 17-001 to allow the property s required onsite parking to be located offsite at 22853 Pacific Coast Highway (Hertz Rental Car); and Lot Tie No. 17-001 to hold 22878 PCH and 22853 Pacific Coast Highway as one lot located in the Commercial Visitor Serving-Two, Public Open Space, and Single-Family Medium zoning district at 22878 PCH (Mani MBI (DE), LLC). Senior Planner Hawner, Environmental Sustainability Director George, and Assistant Public Works Director DuBoux presented the staff report.
Page 7 of 8 Disclosures: Commissioners Mazza and Uhring and Chair Pierson. The Commission directed questions to staff and Tony Canzoneri. As there were no other questions for staff and Mr. Canzoneri, Chair Pierson opened the public comment portion of the public hearing. Speakers: Mr. Canzoneri, Simon Mani, Aaron Green, and Norman Haynie. As there were no other speakers present, Chair Pierson closed the public comment portion of the public hearing. The Commission directed questions to staff, Mr. Canzoneri, Mr. Mani, and Mr. Green. Commissioner Jennings moved and Vice Chair Marx seconded a motion to continue deliberations to the March 5, 2018 Regular Planning Commission meeting. The motion carried unanimously. B. Coastal Development Permit No. 17-091, Variance Nos. 17-038 and 17-043, Minor Modification No. 17-018, Joint Use Parking Agreement No. 17-001, Extension of Amortization No. 17-001 and Lot Tie No. 17-001 An application to install stacked p~çing lifts on a site currently occupied by a legal non-conforming car rental business, to accommodate required parking for the offsite hotel/restaurant use at 22878 Pacific Coast Highway (Continued from December 4, 2017) Location: 22853 Pacific Coast Highway, within the appealable coastal zone APN: 4452-005-031 Tenant: Hertz Rental Car Owner: MB North Lot (DE), LLC Case Planner: Senior Planner Hawner, 456-2489 ext. 276 Recommended Action: Adopt Planning Commission Resolution No. 17-95 determining the project is exempt from the California Environmental Quality Act, and approving Extension of Amortization Schedule No. 17-00 1 to allow time for the applicant to process the necessary applications to authorize the legal nonconforming car rental use or to replace it with a permitted use, and denying Coastal Development Permit No. 17-09 1 and the associated entitlements, consisting of an application to install 21 two-car tandem parking lifts to vertically stack parking and tandem on-grade parking to be operated by valet on a site currently occupied by a legal nonconforming rental car use (Hertz) to accommodate required parking for an offsite hotel/restaurant use (Malibu Beach Inn at 22878 Pacific Coast Highway), and construct site screening walls, including Variance No. 17-03 8 from parking lot development standards, Variance No. 17-043 from the commercial landscape and open space development standards, Minor Modification No. 17-0 18 to reduce the rear yard setback; Joint Use Parking Agreement No. 17-001 to allow the Malibu Beach Inn to locate required parking on the Hertz site; and Lot Tie No. 17-00 1 to hold 22878 PCH and 22853 PCH as one lot, located in the Community Commercial zoning district at 22853 PCH (MB North Lot (DE), LLC).
Page 8 of 8 ITEM 5 Commissioner Mazza moved and Commissioner Jennings seconded a motion to continue the matter to the March 5, 2018 Regular Planning Commission meeting. The motion carried unanimously. NEW PUBLIC HEARINGS ITEM 6 OLD BUSINESS ITEM 7 NEW BUSINESS ITEM 8 PLANNING COMMISSION ITEMS ADJOURNMENT At 10:25 p.m., Commissioner Mazza moved and Commissioner Uhring seconded a motion to adjourn the meeting. The motion carried unanimously. Approved nd adopted by the lanning Commission Ci f Malibu on mar, 2018. 41 ATTE T: MIKKE PIERSON, Chair ~~ ~~ KATHLEEN STECKO, Recording Secretary