This meeting will be held via teleconference only in order to reduce the risk of spreading COVID-19 and pursuant to AB 361 and the County of Los Angeles Public Health Officer’s Order (revised September 22, 2022). All votes taken during this teleconference meeting will be by roll call vote, and the vote will be publicly reported.
HOW TO VIEW THE MEETING: No physical location from which members of the public may observe the meeting and offer public comment will be provided. Please view the meeting, which will be live streamed at https://malibucity.org/video and https://malibucity.org/VirtualMeeting.
HOW TO PARTICIPATE BEFORE THE MEETING: Members of the public are encouraged to submit email correspondence to [email protected] before the meeting begins.
HOW TO PARTICIPATE DURING THE MEETING: Members of the public may also speak during the meeting through the Zoom application. You must first sign up to speak before the item you would like to speak on has been called and then you must be present in the Zoom conference to be recognized.
Please visit https://malibucity.org/VirtualMeeting and follow the directions for signing up to speak and to download the Zoom application.
Malibu City Council
Zoning Ordinance Revisions and Code Enforcement
Subcommittee (ZORACES)
Special Meeting Agenda
(to be held during COVID-19 emergency)
Thursday, November 10, 2022
2:00 P.M.
Various Teleconference Locations
YOU MAY VIEW THIS MEETING LIVE OVER THE INTERNET AT
MALIBUCITY.ORG/VIDEO
Councilmember Mikke Pierson
Councilmember Steve Uhring
Call to Order
Roll Call
Approval of Agenda
Report on Posting of the Agenda – November 9, 2022
Zoning Ordinance Revisions and Code Enforcement Subcommittee November 10, 2022 Special Meeting
1. Presentations
None.
2. Old Business
A. Zoning Text Amendment No. 21-005 amending Malibu Municipal Code Chapter
17.68 (Temporary Use Permits) – Third Meeting
Recommended Action: Provide further discussion on draft amendments to the temporary use permit (TUP) process, including proposed language for farmers market temporary use, and provide feedback for staff to use in finalizing an amendment.
Staff Contact: Planning Director Mollica, 456-2489, ext. 346
3. New Business
A. Approval of Minutes – April 14, 2022
Recommended Action: Approve the minutes for the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) Special meeting of April 14, 2022.
Staff Contact: Executive Assistant Linden, 456-2489, ext. 232 Adjournment
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Special meeting agendas may be amended up to 24 hours in advance of the meeting. Dated this 9th day of November 2022, at 1:15 p.m. ___________________________________
Mary Linden, Executive Assistant
Item # 2.A.
Zoning Ordinance
Revisions & Code
Enforcement
Subcommittee
Special Meeting
11-10-22
Item 2.A.
Zoning Ordinance Revisions and
Code Enforcement Subcommittee
Agenda Report
To: Zoning Ordinance Revision and Code Enforcement Subcommittee (ZORACES) Members Pierson and Uhring
Prepared by: Adrian Fernandez, Assistant Planning Director Approved by: Richard Mollica, Planning Director
Date prepared: November 9, 2022 Meeting date: November 10, 2022 Subject: Zoning Text Amendment No. 21-005 amending Malibu Municipal Code Chapter 17.68 (Temporary Use Permits) – Third Meeting
RECOMMENDED ACTION: Provide further discussion on draft amendments to the temporary use permit (TUP) process, including proposed language for farmers market temporary use, and provide feedback for staff to use in finalizing an amendment.
BACKGROUND/DISCUSSION: On October 12, 2022, the Subcommittee conducted a second review of two draft TUP amendments (Versions 1 and 2) and provided feedback for staff. However, during the Subcommittee’s discussion and prior to a formal motion and the termination of the Subcommittee accepting comments from the public, it was reported that a significant power outage occurred in the Point Dume neighborhood affecting a number of households. As the meeting was only conducted virtually, some members of the public were unable to share their feedback with the Subcommittee. As a result, a third Subcommittee meeting has been scheduled to continue discussions on this item and obtain a final recommendation from the Subcommittee. See Attachment A for the October 12, 2022, Subcommittee Agenda Report and Versions 1 and 2 of the proposed TUP amendments.
At the October meeting, the Subcommittee was in general agreement with the proposed modifications included in Version 1. However, there was discussion about further defining what would constitute an “arts, cultural and educational” event. Generally, the Subcommittee and staff recommended the following criteria be included in a definition: 1) number of attendees limited to 100 or less; 2) no admission charged; 3) organized and facilitated by a non-profit organization; 4) no use of amplified sound; and 5) event to be
Item # 2.A.
held during standard park hours. For the third criteria, staff requests the Subcommittee’s feedback on exploring the possibility of limiting it to Malibu residents/non-profits in coordination with the City Attorney’s office.
The Subcommittee requested information on what other approvals the City would require for use of a City park or facility should events be exempt from the obligation to obtain a TUP. Staff clarified that the City would continue to require its Facility Use Permit that sets out various items such as event information, fees/rates, hours, rules (including use restrictions on certain parks), insurance requirements, and other approvals as may be needed from Los Angeles County Environmental Health Department, Fire Department, etc.
The Subcommittee did not agree on a recommendation regarding the provisions of Version 2, including the concept of introducing a new “Major TUP” into the process.
Subcommittee discussion included the following points: 1) if a Major TUP were required, it should be allocated toward “larger events” only in order to ensure enhanced public review and reduce the number of Major TUPs required (a definition for what would constitute “larger events” was not discussed); and 2) including a Major TUP allowance would result in too many unknowns that could negatively affect the community, such as increased traffic congestion and concerns related to fire risk.
If the Subcommittee desires to limit the types of events allowed by a Major TUP, staff requests feedback on what would constitute a “larger event” (e.g., number of attendees, admission charged, etc.). Staff also requests feedback if the Subcommittee would consider reducing the noticing period for TUPs based on feedback received. Currently, public notices on a TUP are mailed 32 days prior to the proposed event; however, this can be difficult to achieve for some events due to timing logistics. The Subcommittee may wish to consider making the noticing period the same as other planning applications which range from 10 days to 21 days.
Finally, staff requests that the Subcommittee consider modifying the TUP language regarding farmers markets to facilitate allowing the farmers market to operate at Legacy Park. The current location of the farmers market is not ideal and has run into myriad problems during the construction on the Los Angeles County site. Adding the following proposed language could provide relief and an alternative location:
The temporary relocation of the Farmers Market to a Publicly owned park located within 350 feet of its permitted location. Such use shall not exceed one (1) event per week. The dates for this use shall not count against the maximum sixty (60) calendar days within one (1) calendar year for which a site can be used for temporary uses, nor towards the six (6) events per parcel limit. Any approvals for this use shall be good for one (1) calendar year.
STAFF FOLLOW-UP: Following comments from the Subcommittee, staff will develop a draft ordinance to MMC Chapter 17.68 (Temporary Use Permit). The Subcommittee can
Item # 2.A.
recommend that staff present the draft to the Council for final comment prior to presentation to the Planning Commission or recommend that staff present the draft ordinance to the Planning Commission without further Council input.
ATTACHMENTS: October 12, 2022 Subcommittee Agenda Report, including TUP Amendment Versions 1 and 2
Zoning Ordinance
___
~
A Zoning Code Ordinance Revisions and Enforcement Subcommittee Spec ~Agenda Report em 2.
To: Councilmember Pierson and Councilmember Uhring
Prepared by: Adrian Fernandez, Assistant Planning Director Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 30, 2022 Meeting date: October 12, 2022 Subject: Zoning Text Amendment No. 2 1-005 to Amend Malibu Municipal Code Chapter 17.68 (Temporary Use Permits) (continued from April 14, 2022)
RECOMMENDED ACTION: Discuss potential draft amendments to the temporary use permit (TUP) ordinance and provide direction to staff for finalizing an amendment for Planning Commission and City Council consideration.
BACKGROUND: At its December 31, 2021 meeting, the City Council directed staff to define what is considered a temporary event, particularly for series of events, and bring back a draft ordinance for Council consideration. The primary objective of the draft amendments to the ordinance is to address the following items:
• Amend Malibu Municipal Code (MMC) Section 17.68.060(F) to clarify event timelines; and
• Clarify the permitting process for community-sponsored art-related events in public spaces.
At its April 14, 2022 meeting, ZORACES members discussed potential amendments to the TUP ordinance and provided feedback for staff to incorporate into a draft ordinance. It was requested that, prior to Planning Commission and City Council review, staff return to ZORACES for a final review of the draft concepts based on the feedback provided.
Item
Item # 2.A.
The members of the Subcommittee indicated they were not in agreement on various options for moving forward, but did agree on the following:
• Exempt art-related community events from requiring a TUP in publicly-owned parks; • Allow for low-impact seasonal events/music in commercially-zoned settings, and • Exempt events at the City Hall Council Chambers/Theater from needing a TUP Generally, the following points were discussed by ZORACES members (not entirely in agreement on all points):
• The intent of the original TUP process was to allow events in locations/zones that otherwise are not allowed under the Code and to protect the quality of life for residents with early notification, and options to provide input and raise objections. • The City should allow events which are of suitable size and scale for such at facilities designed to host such events without a TUP, in particular at Legacy Park, Malibu Bluffs Park, Trancas Park and City Hall.
• If the TUP ordinance is modified to allow more events, it must vet how the decisionmaking and public review process would also be adjusted to ensure scrutiny over the TUP request and protection for the community.
• The City should develop a process to issue TUPs for a “series” of events that technically extend beyond a consecutive 14-day period (e.g., event that occurs on three weekends in one month).
• Use the Planning Commission for enhanced review of certain TUP requests such as an event series, construction lay down yards and other requests that require additional scrutiny beyond staff-level review.
• If the Planning Commission is used, provide thresholds that trigger that review. • Enforcement is a mechanism to address TUP issues and violations. • Events operated under an approved conditional use permit (CUP) should be subject to the CUP (no TUP required).
DISCUSSION: Based on feedback from ZORACES, two versions of draft amendments of the City’s TUP ordinance were created. A detailed explanation of each version is provided below. In addition, staff requests that the Subcommittee provide guidance on what types of community events/music should be allowed in commercial spaces without the requirement of a TUP.
• Version 1 - “Status Quo with Limited Exemptions Added” (Attachment 1) • Version 2 - “Improved Process with Enhanced Public Review” (Attachment 2)
Item # 2.A.
Version 1 includes minor revisions to address community-sponsored, art-related events in City-owned spaces. Version 1 also includes a TUP exemption for arts, cultural and educational events held at the noted City parks and City Hall where the anticipated daily attendance does not exceed 100 guests and an admission fee is not charged. If the subcommittee is interested in an exemption for arts, cultural and educational events, staff requests that the subcommittee provide guidance on how to define arts, cultural and educational events. While Version 1 addresses some of the issues identified by the City Council and Subcommittee, it is limited and would not resolve other issues related to event timelines, enhanced public review of the TUP process, or providing a mechanism for events that operate as a series. Also, Version 1 includes minor clean up changes to reflect electronic processing of documents.
Version 2 incorporates Version 1 and builds upon it by restructuring the TUP ordinance to address event timelines, enhanced public review, and events that operate as a series.
This could be achieved by creating two TUP types: Major TUPs (a new City process) and Minor TUPs (similar to the existing process). Major TUPs would require greater public scrutiny over certain event types before an approval could be granted because the Planning Commission would be the decision-maker (not staff) at a noticed public hearing.
Approval of Major TUPs would require specific findings to be made and any decision would be appealable to the City Council. Minor TUPs would operate similar to the current TUP ordinance with staff-level review and approval but would be limited to certain types of events based on strict adherence to the criteria listed in the proposed ordinance. Minor TUPs would be appealable to the Planning Commission. Version 2 also includes minor cleanup items such as an improved Purpose statement, application requirements, and clarifications for certain uses and appeal timing.
Version 2 will require additional advance submittal of applications, staff time to prepare noticing, staff reports and presentations to the Planning Commission, and potentially higher permitting fees. Currently, TUPs are required to be submitted 35 days prior to the proposed use and the public notice is required to be mailed 32 days prior to the proposed event. However, it should be noted that applicants often have trouble meeting these deadlines and, in some cases, it encourages events to take place without TUPs.
STAFF FOLLOW-UP: Following comments from the Subcommittee, staff will develop a draft ordinance to MMC Chapter 17.68 (Temporary Use Permit) for recommendation by the Planning Commission and consideration and adoption by the City Council. If adopted by the City Council, the ordinance would go into effect thirty days after the second reading of the ordinance.
ATTACHMENTS:
1. Version 1 – Proposed TUP Amendment
2. Version 2 – Proposed TUP Amendment
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
17.68.010 Purpose. Revision Notes
The temporary use permit is intended to allow
for the short-term placement of activities, many
of which would be prohibited as permanent
placements, in temporary facilities, public or
private buildings or open spaces, or outside of
buildings. Activities involving any commercial
component such as: admission fee, renting of
facility, charging for valet parking or shuttle
service and/or public advertising shall require a
temporary use permit. Temporary use permits
shall be limited to four events per parcel of land
per calendar year in residential zoning districts,
and six events per parcel of land per calendar
year in all zoning districts, except residential.
These limitations shall not apply to the following
City-owned parks. All activities shall be
regulated so as to avoid incompatibility between
such uses and surrounding areas.
Added per 4/14/22 ZORACES
concurrence on accepting no limitation for
the City’s three parks and City Hall.
Further allowance is provided below under
allowed uses.
17.68.020 Application filing.
Application for a temporary use permit shall be
filed according to Sections 17.04.110 through
17.04.150.
17.68.030 Application submittal
requirements.
Application for temporary use permit shall
include the following:
A. Uniform application, signed by both
applicant and landowner;
B. Filing fee;
C. Site plan (three copies) including the
dimensions of the lot, location of all temporary
structures, access onto the site, and parking
areas;
Copies no longer needed due to electronic
filing..
D. A written description detailing the type
and nature of the temporary use requested and
the dates and hours of operation of the
temporary use. In addition, provide information
ATTACHMENT 1
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
on how noise, garbage, sanitation, dust, etc.,
are going to be mitigated;
E. Agency approval sheet, signed by all
agencies;
F. Proof of liability insurance for the
subject property;
G. Indemnification/hold harmless
agreement;
H. Public notice property owner and
occupant mailing data labels; provide three sets
of labels for properties within a five hundred
(500) foot radius of the subject property.
Minor clean up change to reflect that the
mailing data is provided in a digital format.
17.68.040 Temporary uses requiring permit.
A temporary use permit may be issued by the
planning director for the following uses:
A. Real estate sales offices within approved
development projects;
B. Model homes and temporary tract sales
offices for a project opened to the public for the
first time;
C. Christmas tree and pumpkin sales lots;
however, a permit shall not be required when
such sales are in conjunction with an
established commercial business holding a valid
city business license, provided such activity
shall be permitted for a period not to exceed
thirty consecutive calendar days;
D. Circuses and carnivals;
E. Special events related to an existing
business with temporary outdoor display/sales
of merchandise in any commercial zone,
provided there shall be no more than four
displays/sales in any calendar year, and not
more than two consecutive days, and that the
displayed merchandise is customarily sold on
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
the premises, and that such premises are
utilized for a permanently established business;
F. Indoor and outdoor entertainment and
assembly events including but not limited to
weddings, fund-raisers, retreats, fairs, festivals
and concerts, when not held within premises
designed to accommodate such events, such
as: auditoriums, stadiums or other public
assembly facilities, or private clubhouse facilities
not associated with public cultural or
recreational facilities;
Per 4/14/22 ZORACES discussion about
other (non-City) facilities designed to
accommodate certain indoor and outdoor
uses, note that current City code already
exempts certain types of uses from a
temporary use permit. For example, indoor
and outdoor entertainment and assembly
events “held within facilities designed to
accommodate such events…” would not
require a temporary use permit and as
such, would not be subject to the annual
event limitation. No amendments are
proposed since is subject to
implementation by staff under current
practices.
G. Art, cultural, and educational exhibits and
displays; however, notwithstanding other
permits or approvals that may be required, a
temporary use permit shall not be required when
the events are located at City-owned parks or
City Hall so long as the number of anticipated
daily attendees does not exceed 100 and an
admission fee is not charged to enter the event.
Per 4/14/22 ZORACES concurrence that
these types of events are exempt from a
temporary use permit so long as they are
conducted in City parks or at City Hall
(because these facilities were designed to
accommodate such uses), are relatively
small in size (100 attendees), and
relatively small in impact (limit to events
that would not charge admission).
Note that as proposed, while a temporary
use permit would not be required for these
minor events, there may be other permits
required including a City park event permit
or other City approval, and other approvals
as necessary from LA County Fire, Sheriff
and/or Environmental Health.
H. Swap meets for no more than two
consecutive days;
I. Off-site contractors’ construction yards;
J. Outdoor sporting events;
K. Similar temporary uses which, in the
opinion of the director, are compatible with the
zone and surrounding land uses;
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
L. Off-site surface parking on a vacant
commercially zoned lot for the farmers market
within 350 feet of the farmers market to replace
required parking displaced by construction. The
dates for this use shall not count against the
maximum sixty (60) calendar days within one
calendar year for which a site can be used for
temporary uses. This provision shall expire the
earlier of the issuance of a certificate of
occupancy for Santa Monica College or on
January 1, 2022.
17.68.050 Required permits and public
notice.
A temporary use permit approved by the
planning director shall be required for all uses
listed in this chapter, and shall be issued prior to
commencement of the use. A public hearing
shall not be required for the issuance of a
temporary use permit; however, a five-day
public notice of the proposed event shall be
provided as follows:
A. Application for temporary use permit shall
be filed with the planning department thirty-five
(35) days prior to the proposed use.
B. A notice shall be mailed, postage pre-paid,
to any organization or homeowners associations
that requests such notice in writing and to all
property owners and tenants within a five
hundred (500) foot radius of the subject
property, and in no event less than ten (10)
developed properties.
Minor clean up change to reflect that
postage is included in the application fee.
This is no longer needed.
C. The public notice shall state the nature of
the request, location and zoning designation of
the property, name of the project proponent, and
the time and place of the proposed temporary
use.
D. Public notices shall be mailed not less than
thirty-two (32) days prior to the proposed event.
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
E. The planning director shall render a
decision twenty-four (24) days prior to the
proposed use.
17.68.060 Findings.
The director may approve a temporary use
permit application; provided, that all of the
following findings of fact are made:
A. That the operation of the requested use at
the location proposed and within the time period
specified is compatible with the surrounding
neighborhood uses;
B. That the proposed site is adequate in size
and shape to accommodate the temporary use;
C. That the proposed site is adequately
served by streets or highways having sufficient
width and improvements to accommodate the
kind and quantity of traffic that such temporary
use will or could reasonably generate;
D. That adequate temporary parking to
accommodate vehicular traffic to be generated
by such use will be available either on-site or at
alternate locations acceptable to the planning
director;
E. That the proposed use will not jeopardize
the public peace, safety or general welfare, or
be injurious or detrimental to properties adjacent
to; or in the vicinity of, the proposed location of
the activity;
F. That the event shall not exceed a total of
fourteen (14) consecutive calendar days and
that the proposed site has not been used for
temporary uses for more than sixty (60)
calendar days within any one calendar year; and
G. That no complaints have been filed against
the current property owner with the Los Angeles
County district attorney’s office during the
twenty-four (24) months preceding the date of
application submittal.
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
17.68.070 Conditions of approval.
In approving an application for a temporary
use permit, the director may impose such
conditions as are deemed necessary to insure
that the permit will be in accord with the findings
required by Section 17.68.060. These conditions
may involve any pertinent factors affecting the
operation of the temporary use, and may include
but are not limited to the following:
A. Provision of adequate temporary offstreet parking facilities, including vehicular access and egress as defined by the planning
director;
B. Regulation of nuisance factors such
as, but not limited to, the prevention of glare or
direct illumination of adjacent properties, noise,
vibrations, smoke, dust, dirt, odors, gasses and
heat;
C. Regulation of temporary buildings,
structures and facilities, including placement,
height and size, location of equipment and open
spaces, including buffer areas and other yards;
D. Provision of sanitary and medical
facilities;
E. Provision of solid waste collection and
disposal;
F. Provision of security and safety
measures;
G. Regulation of signs;
H. Regulation of operating hours and
days, including limitation of the duration of the
temporary use to a shorter time period than that
requested, and limiting the hours for event setup, break-down, and clean-up; I. Submission of a performance bond or
other surety devices to ensure that any
temporary facilities or structures used for such
proposed temporary use will be removed from
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
the site within a reasonable time following the
event and that the property will be restored to its
former condition;
J. Submission of a site plan indicating
any information required by this chapter;
K. Requirement that the approval of the
temporary use permit is contingent upon
compliance with applicable provisions of other
ordinances;
L. Such other conditions which will
ensure the operation of the proposed temporary
use in an orderly and efficient manner and in
accord with the intent and purpose of this
chapter;
M. Applicants for special event permits
shall:
1. Provide containers for recycling cans,
glass, plastic and paper generated,
2. Provide information and guidance to
assure recycling of materials listed above,
3. Comply with the city’s solid waste
recycling ordinance, and
4. Submit a plan indicating efforts to
reduce, reuse or recycle waste generated;
N. The event shall not cause any noises,
sounds or vibrations which are physically
annoying to reasonable persons of ordinary
sensitivity or which are so harsh or so prolonged
or unnatural or unusual in their use, time or
place as to occasion unnecessary discomfort to
any persons within a five hundred (500) foot
radius of the place from which such noises
emanate or which interfere with the peace and
comfort of residents, occupants or guests of the
surrounding neighborhood, or the operators or
customers in places of business in the vicinity;
O. The applicant shall demonstrate that
the holding capacity of surrounding streets and
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
intersections is sufficient to sustain the use
without conflicting with established general plan
goals and policies;
P. Submission of additional services
bond for the purpose of protecting, assisting and
regulating the proposed event. The cost of
providing such additional services shall be paid
in advance to the city by the applicant;
Q. The temporary use shall conform to
city planning department, building and safety
department, public works department, Los
Angeles County fire prevention bureau, Los
Angeles County sheriff’s department, Los
Angeles County mountain and rural sanitation
department programs, regulations and
requirements;
R. The applicant shall defend, indemnify,
and hold harmless the city and its officers,
agents, and employees from any claim, action
or proceeding against the city or its officers,
agents, or employees to attack, set aside, void,
or annul approval of this permit;
S. The applicant shall furnish insurance
in the amount to be determined by the planning
director, but in no event less than one million
dollars ($1,000,000.00) to protect the city
against claims of third persons for personal
injury, wrongful death and property damage;
T. The applicant shall have a copy of the
approved temporary use permit available on-site
during the entire duration of the use.
17.68.080 Appeals and revocation.
A. The applicant may appeal the decision
of the planning director to the planning
commission within three calendar days of the
decision date.
B. A temporary use permit may be
revoked if the planning director finds that one or
more of the following conditions exists:
PROPOSAL 1: MINOR REVISIONS TO ALLOW PUBLIC PARKS AND CITY HALL EVENTS, AND
LIMITED EXEMPTION FOR ARTS/CULTURAL/EDUCATIONAL EVENTS
Changes are made using underline / strikethrough.
Updated 10/5/2022
1. Circumstances have been changed by
the applicant to such a degree that one or more
of the findings of fact contained in Section
17.68.060 can no longer be made in a positive
manner.
2. The temporary use permit was
obtained in a fraudulent manner.
3. One or more conditions of the
temporary use permit have not been fulfilled.
PROPOSAL 2: INCLUDES PROPOSAL 1 EDITS + CREATES MINOR/MAJOR PERMITS WITH PLANNING COMMISSION REVIEW FOR “SERIES” AND OTHER CLEAN UP ITEMS Changes are made using underline / strikethrough.
Updated 10/05/2022
17.68.010 Purpose. Revision Notes
A "temporary use" or “event” shall mean any
activity or land use of a temporary nature that
extends beyond what is expressly allowed by
the applicable base zone in terms of use and
development standards. The purpose of this
Chapter is to establish a process to
accommodate reasonable requests for approval
of temporary uses for a limited period of time in
locations where the proposed use may be
desirable and appropriate due to the limited and
short-term nature of the activity, and where the
use would not otherwise be allowed within the
applicable zone. The intent is to consider such
requests on an individual basis to ensure that
they will not be detrimental to the public health,
safety, and general welfare; to surrounding
properties; or to the community as a whole.
The temporary use permit is intended to allow
for the short-term placement of activities, many
of which would be prohibited as permanent
placements, in temporary facilities, public or
private buildings or open spaces, or outside of
buildings. Activities involving any commercial
component such as: admission fee, renting of
facility, charging for valet parking or shuttle
service and/or public advertising shall require a
temporary use permit. Temporary use permits
shall be limited to four events per parcel of land
per calendar year in residential zoning districts,
and six events per parcel of land per calendar
year in all zoning districts, except residential. All
activities shall be regulated so as to avoid
incompatibility between such uses and
surrounding areas.
Updates the Purpose statement of a
temporary use to clarify what it is and how
it operates to protect the community.
Relocates regulations (such as # of events
allowed) from the Purpose statement to
the Permit standards and Findings
sections, which will help the public and
decision makers understand the process
and rules for these types of permits.
17.68.020 Application filing.
Application for a minor and major temporary use
permit shall be filed according to Sections
17.04.110 through 17.04.150.
Proposes to separate permits into two
groups: minor and major.
Minor permits operate under current
practices (6 events per year for all zones
except residential; no longer than 14
consecutive days with a max of 60
days/year, and director approval).
ATTACHMENT 2
PROPOSAL 2: INCLUDES PROPOSAL 1 EDITS + CREATES MINOR/MAJOR PERMITS WITH PLANNING COMMISSION REVIEW FOR “SERIES” AND OTHER CLEAN UP ITEMS Changes are made using underline / strikethrough.
Updated 10/05/2022
Major permits are new and would require
Planning Commission approval to allow
certain temporary uses so that the
community can ensure events have
enhanced public review and scrutiny to
protect the community. These are more
fully described below in the proposed
ordinance.
17.68.030 Application submittal
requirements.
Application for temporary use permit shall
include the following:
A. Uniform application, signed by both
applicant and landowner, including
organization(s) and principals within the
organization applying for the temporary use
permit;
Includes additional details to verify who the
Applicant is (if an organization) and the
principles involved.
B. Filing fee;
C. Site plan (three copies) including the
dimensions of the lot, location of all temporary
structures, access onto the site, and parking
areas;
Copies no longer needed due to electronic
filing.
D. A written description detailing the type
and nature of the temporary use requested and
the dates and hours of operation of the
temporary use, including if any alcohol or food
service, live music or amplified sound planned
for the event. In addition, provide information on
how noise, garbage, sanitation, dust, traffic,
parking, etc., are going to be mitigated;
Per 4/14/22 ZORACES discussion,
included some added provisions to verify if
an event includes live music or amplified
sound, alcohol or food service, and how
traffic and parking will be managed as
applicable.
E. Agency approval sheet, signed by all
agencies;
F. Proof of liability insurance for the
subject property;
G. Indemnification/hold harmless
agreement;
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H. Public notice property owner and
occupant mailing data labels; provide three sets
of labels for properties within a five hundred
(500) foot radius of the subject property.
Minor clean up change to reflect that the
mailing data is provided in a digital format.
I. Any additional information as may be
required by the planning director to help
evaluate the request for temporary use permit.
Added a catch-all to allow for additional
information requests by staff as needed
17.68.040 Temporary uses requiring permit.
A. A temporary use permit shall not be
required when events are located on the
following City-owned parcels so long as the
number of anticipated daily attendees does not
exceed one hundred (100) and an admission
fee is not charged.
B. Minor temporary use permits are
limited to six (6) events per parcel of land per
calendar year in all zoning districts, except
residential which are subject to special event
permit regulations per Chapter 5.34. Minor
temporary use permits are limited to no more
than fourteen (14) consecutive days per event
and shall not exceed more than sixty (60)
cumulative days of events per parcel per
calendar year.
Clarified that minor TUPs are limited to 6
events per parcel per year for all zones
except residential. Removed the 4 event
reference in residential zones to clear up
confusion by pointing the reader to the
SEP section of Ch 5.34, which includes
the max 4 events per year per parcel
limitation (Sect 5.34.030)
C. A minor temporary use permit may
be issued by the planning director for the
following uses:
A. Real estate sales offices within
approved development projects;
Per ZORACES 4/14/22 meeting, these
uses should require Planning Commission
review because of the length in time the
temporary use would be operational.
(relocated to major permit below)
B. Model homes and temporary
tract sales offices for a project opened to the
public for the first time;
Deleted; use not applicable
1C. Lots used for seasonal activities
such as Christmas tree and pumpkin sales lots;
however, a permit shall not be required when
such sales are in conjunction with an
established commercial business holding a valid
city business license, provided however, such
Per ZORACES 4/14/22 discussion on
other seasonal activities, such as gift
wrapping events, clarified that these are
“seasonal events” (and not just limited to
Christmas trees and pumpkins). Further
clarification added that these types of
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activity may extend beyond the fourteen (14)
day maximum per Section 17.68.040.B but shall
shall be permitted for a period not to exceed be
limited to thirty (30)thirty consecutive calendar
days;
events require a minor TUP and may
extend beyond the otherwise required 14-
day limit, up to 30 days.
D. Circuses and carnivals; Relocated to major permit to ensure enhanced review by public and Planning
Commission.
2E. Special events related to an
existing business with temporary outdoor
display/sales of merchandise in any commercial
zone, provided there shall be no more than four
displays/sales in any calendar year, and not
more than two consecutive days, and that
provided that the displayed merchandise is
customarily sold on the premises and that such
premises are utilized for a permanently
established business;
Clarified that these specific types of events
are allowable via a minor TUP and would
be subject to the 6 events per parcel per
year. To go beyond 6 events would trigger
a major TUP and added scrutiny by the
Planning Commission (and Council on
appeal)
3F. Indoor and outdoor
entertainment and assembly events including
but not limited to weddings, fund-raisers,
retreats, fairs, festivals and concerts, when not
held within premises designed to accommodate
such events, such as: auditoriums, stadiums or
other public assembly facilities, or private
clubhouse facilities not associated with public
cultural or recreational facilities;
Per 4/14/22 ZORACES discussion about
other (non-City) facilities designed to
accommodate certain indoor and outdoor
uses, note that current City code already
exempts certain types of uses from a
temporary use permit. For example, indoor
and outdoor entertainment and assembly
events “held within facilities designed to
accommodate such events…” would not
require a temporary use permit and as
such, would not be subject to the annual
event limitation. No amendments are
proposed since is subject to
implementation under current practices.
4G. Art, cultural, and educational
exhibits and displays; however, notwithstanding
other permits or approvals that may be required,
a temporary use permit shall not be required
when the events are located at City-owned
parks or City Hall so long as the number of
anticipated daily attendees does not exceed one
hundred (100) and an admission fee is not
charged.
Per 4/14/22 ZORACES concurrence that
these types of events are exempt from a
temporary use permit so long as they are
conducted in City parks or at City Hall
(because these facilities were designed to
accommodate such uses), are relatively
small in size (100 attendees), and
relatively small in impact (limit to events
that would not charge admission).
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Note that as proposed, while a temporary
use permit would not be required for these
minor events, there may be other permits
required including a City park event permit
or other City approval, and other approvals
as necessary from LA County Fire, Sheriff
and/or Environmental Health.
5H. Swap meets for no more than
two consecutive days;
I. Off-site contractors’ construction
yards;
Relocated to major permit; these should
be included in a project’s approval but if
not, Planning Commission review is
required.
6J. Outdoor sporting events; and
7K. Similar temporary uses which,
in the opinion of the director, are compatible
with the zone and surrounding land uses;
L. Off-site surface parking on a
vacant commercially zoned lot for the farmers
market within 350 feet of the farmers market to
replace required parking displaced by
construction. The dates for this use shall not
count against the maximum sixty (60) calendar
days within one calendar year for which a site
can be used for temporary uses. This provision
shall expire the earlier of the issuance of a
certificate of occupancy for Santa Monica
College or on January 1, 2022.
Deleted; no longer applicable due to
January 1, 2022 date.
C. A major temporary use permit may
be issued by the planning commission for the
following uses:
1. Real estate sales and rental
offices associated with approved development
projects;
Relocated from minor permit; added rental
clarification.
2. On-site and/or off-site
contractors’ construction yards associated with
approved development projects;
Relocated from minor permit; modified to
clarify it must be associated with an
approved development project and can be
on or off-site. As discussed in 4/14/22
ZORACES, goal is that these would be
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included in the development approval, but
just in case they were not, the Planning
Commission would review these requests.
3. Circuses and carnivals; Relocated from minor permit to allow for enhanced public review.
4. Any event that will extend
beyond fourteen (14) consecutive days, or
beyond thirty (30) days for a seasonal activity
event, such as events that operate as a series
or other activities that demonstrate a need for
greater duration;
Per 4/14/22 ZORACES discussion, any
event that needs to go beyond 14
consecutive days, such as a “series” that
utilizes various days beyond the 14-
consecutive day requirement would be
reviewed by the Planning Commission.
This would apply to all events with
exception to seasonal events such as
Christmas tree and pumpkin sales which
are allowed 30 days under a minor TUP.
5. Any additional event(s) on a
parcel that has reached the maximum number
of days per year of cumulative events (60 days)
and/or the maximum number of minor temporary
use permits per calendar year (six events per
parcel in all zoning districts except residential;
does not include City-owned parks or City Hall;
and
Per 4/14/22 ZORACES discussion,
provided a mechanism for property owners
that have reached the annual maximums
allowed by a minor temporary use permit
to request any additional events beyond
the limit in a calendar year. These
requests would be reviewed by the
Planning Commission.
6. Other temporary uses which, in
the opinion of the director, required enhanced
review by the public and planning commission to
ensure that the events will not be detrimental to
the public health, safety, and general welfare; to
surrounding properties; or to the community as
a whole.
Added a catch-all provision to allow staff to
elevate temporary events to the Planning
Commission as appropriate.
17.68.050 Required permits and public
notice.
A temporary use permit approved by the
planning director or planning commission shall
be required for all uses listed in this chapter,
and shall be issued prior to commencement of
the use.
A. A public hearing shall not be required
for the issuance of a minor temporary use
permit; however, an application shall be filed
Five-day notice is inconsistent with current
noticing requirements.
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and public notice of the proposed event shall be
provided as follows:
1A. Application for minor temporary
use permit shall be filed with the planning
department thirty-five (35) forty-five (45) days
prior to the proposed use.
Increased to 45 days to allow two rounds
of Dept reviews and time for responses
prior to a decision being made. Feedback
was shared that the current 35-day
requirement can be difficult to achieve for
some events.
2B. A notice shall be mailed,
postage pre-paid, to any organization or
homeowners associations that requests such
notice in writing and to all property owners and
tenants within a five hundred (500) foot radius of
the subject property, and in no event less than
ten (10) developed properties.
Minor clean up change to reflect that
postage is included in the application fee.
This is no longer needed.
No other edits are proposed, but feedback
was shared that the cost associated with
the noticing requirement can be too
expensive for some events organizers.
3C. The public notice shall state
the nature of the request, location and zoning
designation of the property, name of the
applicant, and the time and place of the
proposed temporary use.
4D. Public notices shall be mailed
not less than thirty-two (32) days prior to the
proposed event.
No edits are proposed, but similar to
above, the minimum 32-day requirement
can be difficult to achieve for some events.
5E. The planning director shall
render a decision twenty-four (24) days prior to
the proposed use.
B. A public hearing shall be required for
a major temporary use permit and notice of such
hearing given in a manner consistent with the
requirements contained in Sections 17.04.160
through 17.04.230.
Added notice requirements for major
temporary use permits (mirrors City’s
conditional use permit chapter).
17.68.060 Findings.
A. The director may approve a minor
temporary use permit application; provided, that
all of the following findings of fact are made:
1A. That the operation of the
requested use at the location proposed and
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within the time period specified is compatible
with the surrounding neighborhood uses;
2B. That the proposed site is
adequate in size and shape to accommodate
the temporary use;
3C. That the proposed site is
adequately served by streets or highways
having sufficient width and improvements to
accommodate the kind and quantity of traffic
that such temporary use will or could reasonably
generate;
4D. That adequate temporary
parking to accommodate vehicular traffic to be
generated by such use will be available either
on-site or at alternate locations acceptable to
the planning director;
5E. That the proposed use will not
jeopardize the public peace, safety or general
welfare, or be injurious or detrimental to
properties adjacent to; or in the vicinity of, the
proposed location of the activity;
6. That no more than six (6)
events in the calendar year have occurred on
the parcel, with exception for the following Cityowned parks and City Hall.
Current temporary use permit regulations
would be a finding for minor permits to
ensure that implementation of the
limitations is being followed.
7F. That the duration of the event
does not exceed a total of fourteen (14)
consecutive calendar days, or thirty (30) days
for a seasonal activity event, and that the
proposed site has not been used for temporary
uses for more than sixty (60) calendar days
within any one (1) calendar year; and
8G. That no complaints have been
filed against the current property owner with the
Los Angeles County district attorney’s office
during the twenty-four (24) months preceding
the date of application submittal.
B. The planning commission may
approve a major temporary use permit
Added findings for the Planning
Commission to make on major temporary
use permits.
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application provided that all of the following
findings of fact are made:
1. That the operation of the
requested use at the location proposed and
within the time period specified is compatible
with the surrounding neighborhood uses;
2. That the proposed site is
adequate in size and shape to accommodate
the temporary use;
3. That the proposed site is
adequately served by streets or highways
having sufficient width and improvements to
accommodate the kind and quantity of traffic
that such temporary use will or could reasonably
generate;
4. That adequate temporary
parking to accommodate vehicular traffic to be
generated by such use will be available either
on-site or at alternate locations acceptable to
the Planning Commission;
5. That the proposed use will not
jeopardize the public peace, safety or general
welfare, or be injurious or detrimental to
properties adjacent to; or in the vicinity of, the
proposed location of the activity;
6. That no complaints have been
filed against the current property owner with the
Los Angeles County district attorney’s office
during the twenty-four (24) months preceding
the date of application submittal.
17.68.070 Conditions of approval.
In approving an application for a minor or major
temporary use permit, the director or planning
commission may impose such conditions as are
deemed necessary to ensure that the permit will
be in accord with the findings required by
Section 17.68.060. These conditions may
involve any pertinent factors affecting the
operation of the temporary use, and may include
but are not limited to the following:
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A. Provision of adequate temporary offstreet parking facilities, including vehicular access and egress as defined by the planning
director or planning commission;
B. Regulation of nuisance factors such
as, but not limited to, the prevention of glare or
direct illumination of adjacent properties, noise,
vibrations, smoke, dust, dirt, odors, gasses and
heat;
C. Regulation of temporary buildings,
structures and facilities, including placement,
height and size, location of equipment and open
spaces, including buffer areas and other yards;
D. Provision of sanitary and medical
facilities;
E. Provision of solid waste collection and
disposal;
F. Provision of security and safety
measures;
G. Regulation of signs;
H. Regulation of operating hours and
days, including limitation of the duration of the
temporary use to a shorter time period than that
requested, and limiting the hours for event setup, break-down, and clean-up; I. Submission of a performance bond or
other surety devices to ensure that any
temporary facilities or structures used for such
proposed temporary use will be removed from
the site within a reasonable time following the
event and that the property will be restored to its
former condition;
J. Submission of a site plan indicating
any information required by this chapter;
K. Requirement that the approval of the
temporary use permit is contingent upon
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compliance with applicable provisions of other
ordinances;
L. Such other conditions which will
ensure the operation of the proposed temporary
use in an orderly and efficient manner and in
accord with the intent and purpose of this
chapter;
M. Applicants for special event temporary
use permits shall:
1. Provide containers for recycling
cans, glass, plastic and paper generated,
2. Provide information and
guidance to assure recycling of materials listed
above,
3. Comply with the city’s solid waste
recycling ordinance, and
4. Submit a plan indicating efforts to
reduce, reuse or recycle waste generated;
N. The event shall not cause any noises,
sounds or vibrations which are physically
annoying to reasonable persons of ordinary
sensitivity or which are so harsh or so prolonged
or unnatural or unusual in their use, time or
place as to occasion unnecessary discomfort to
any persons within a five hundred (500) foot
radius of the place from which such noises
emanate or which interfere with the peace and
comfort of residents, occupants or guests of the
surrounding neighborhood, or the operators or
customers in places of business in the vicinity;
O. The applicant shall demonstrate that
the holding capacity of surrounding streets and
intersections is sufficient to sustain the use
without conflicting with established general plan
goals and policies;
P. Submission of additional services
bond for the purpose of protecting, assisting and
regulating the proposed event. The cost of
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providing such additional services shall be paid
in advance to the city by the applicant;
Q. The temporary use shall conform to
city planning department, building and safety
department, public works department, Los
Angeles County fire prevention bureau, Los
Angeles County sheriff’s department, Los
Angeles County mountain and rural sanitation
department programs, regulations and
requirements;
R. The applicant shall defend, indemnify,
and hold harmless the city and its officers,
agents, and employees from any claim, action
or proceeding against the city or its officers,
agents, or employees to attack, set aside, void,
or annul approval of this permit;
S. The applicant shall furnish insurance
in the amount to be determined by the planning
director, but in no event less than one million
dollars ($1,000,000.00) to protect the city
against claims of third persons for personal
injury, wrongful death and property damage;
T. The applicant shall have a copy of the
approved temporary use permit available on-site
during the entire duration of the use.
17.68.080 Appeals and revocation.
A. The applicant may appeal the decision
of the planning director to the planning
commission within three calendar days of the
decision date Decisions by the planning director
or the planning commission may be appealed
according to Section 17.04.220, except that:
Updated the appeals provision to coincide
with Section 17.04.220 with exception of
two timing provisions that would override
the general appeal timeframes..
1. For decisions made by the planning
director, an appeal shall be filed with the city
clerk within three (3) business days following the
date of action for which an appeal is made and
shall include written, specific grounds for the
appeal. If the appellant does not submit grounds
Due to limited timing associated with
special events, added a specific provision
to clarify the timing of an appeal for
director-level decisions (minor TUPs). This
provision would override the general
appeal allowance of 10 days to file an
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for the appeal within three (3) business days,
the city clerk shall return the filing fee and the
appeal shall be deemed to have been
withdrawn.
appeal, with an additional 10 days to
submit written grounds of an appeal (20
days).
2. Not less than ten (10) calendar
days before the date of a public hearing on the
appeal, public notice shall be given consistent
with the requirements of Section 17.04.180.
Due to limited timing associated with
special events, added a specific provision
to clarify the timing of a notice for public
hearing on the appeal. This provision
would override the general appeal
allowance of 21 days of noticing.
B. A temporary use permit may be
revoked if the planning director or planning
commission finds that one or more of the
following conditions exists:
1. Circumstances have been
changed by the applicant to such a degree that
one or more of the findings of fact contained in
Section 17.68.060 can no longer be made in a
positive manner.
2. The temporary use permit was
obtained in a fraudulent manner.
3. One or more conditions of the
temporary use permit have not been fulfilled.
Item # 3.A.
Zoning Ordinance
Revisions & Code
Enforcement
Subcommittee
Special Meeting
11-10-22
Item 3.A.
Zoning Ordinance Revisions and
Code Enforcement Subcommittee
Agenda Report
To: Councilmember Pierson and Councilmember Uhring
Prepared by: Mary Linden, Executive Assistant
Approved by: Steve McClary, City Manager
Date prepared: November 3, 2022 Meeting date: November 10, 2022 Subject: Approval of Minutes – April 14, 2022
RECOMMENDED ACTION: Approve the minutes for the Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) Special meeting of April 14, 2022.
DISCUSSION: This item was on the agenda for the ZORACES Special meeting on October 12, 2022, and the Subcommittee moved to approve the item. However, prior to the item being called, it was reported that a significant power outage had occurred in the Point Dume neighborhood affecting a number of households. As the meeting was being conducted virtually, some members of the public were unable to share their feedback with the Subcommittee. As a result, another Subcommittee meeting has been scheduled to rehear this item to allow public comment, if any, before the Subcommittee votes again on approval of the minutes.
ATTACHMENT: Draft Minutes for the April 14, 2022 ZORACES Special meeting
MINUTES
ZONING ORDINANCE REVISIONS AND CODE ENFORCEMENT
SUBCOMMITTEE (ZORACES)
SPECIAL MEETING
APRIL 14, 2022
TELECONFERENCED – VARIOUS LOCATIONS
3:30 P.M.
CALL TO ORDER
Councilmember Pierson called the meeting to order at 3:30 p.m.
ROLL CALL
The following persons were recorded in attendance:
PRESENT: Councilmember Mikke Pierson and Councilmember Steve Uhring ALSO PRESENT: Interim City Manager Steve McClary; Planning Director Richard Mollica; Senior Planner Jessica Thompson; and Administrative Assistant Rebecca Evans
APPROVAL OF AGENDA
MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to approve the agenda. The question was called, and the motion carried unanimously.
REPORT ON POSTING OF AGENDA
Administrative Assistant Evans reported that the agenda for the meeting was properly posted on April 11, 2022.
ITEM 1 PRESENTATIONS
None.
ITEM 2 OLD BUSINESS
None.
ITEM 3 NEW BUSINESS
A. Approval of Minutes – August 6, 2020
Staff recommendation: Approve the minutes for the Zoning Ordinance Revisions and Code Enforcement Subcommittee Special meeting of August 6, 2020.
Malibu Zoning Ordinance Revisions and Code Enforcement Subcommittee Special Meeting
Minutes of April 14, 2022
_________________________
MOTION Councilmember Uhring moved, and Councilmember Pierson seconded a motion to approve the minutes for the Zoning Ordinance Revisions and Code Enforcement Subcommittee Special meeting of August 6, 2020. The question was called, and the motion carried unanimously.
B. Implementation of Land Use Policy 3.18 Addressing the Use of Rodenticides, Insecticides, and Herbicides
Staff Recommendation: Discuss whether a policy or an ordinance to the Local Coastal Program Local Implementation Plan should be prepared to implement Land Use Plan Policy 3.18.
Senior Planner Thompson presented the report.
Joel Schulman expressed concern that the community was confused because they still see poisons in use regularly. He urged the Subcommittee to adopt the staff recommendation and enact something meaningful that could be put into use as soon as possible, whether that be a policy or an ordinance.
Patt Healy expressed concern about how long an ordinance takes to implement. She suggested putting a policy in place first if the Subcommittee’s recommendation would be for an ordinance. She stated the ordinance would not require California Coastal Commission (CCC) certification.
John Mazza noted that the CCC had already met extensively and approved the definition of Environmentally Sensitive Habitat Areas (ESHA) in terms of poisons.
He stated he provided the citings to Interim City Manager McClary. He stated the CCC did not want to hear this again, and its position was that the City had oversight on its definitions for development. He stated a policy was the preferred method for a Coastal Development Permit (CDP). He stated staff determined that poisons outside of the home could impact ESHA.
Councilmember Uhring asked how the City could legally defend the position of banning outside use of rodenticides if challenged in court.
Planning Director Mollica explained that the basis of the draft policy would be to consider the use of these chemicals as development based on Land Use Policy 3.18 prohibiting development involving use of pesticides, herbicides or rodenticides. He stated if the City moved forward with a policy rather than an ordinance, approvals would be made on a Council-approved interpretation.
In response to Councilmember Uhring, Planning Director Mollica explained the City could argue that it is a form of development by saying that something is being placed on the ground and creating an impact on coastal resources.
Malibu Zoning Ordinance Revisions and Code Enforcement Subcommittee Special Meeting
Minutes of April 14, 2022
_________________________
Councilmember Uhring stated the City had the ability to define what development is right now. He expressed support for implementing a policy while possibly working on an ordinance for the long-term. He stated the City should obtain a legal opinion on grounds for defending against a challenge to the policy in court prior to the policy coming before the City Council. He expressed strong support for a policy at the earliest possible time.
Planning Director Mollica stated an aggressive timeframe for an ordinance would be 18 to 24 months while a policy could be started tomorrow. He stated the second reading would be likely in mid- to late-September.
Councilmember Uhring suggested having a law firm provide the City with its legal position should it be challenged.
Councilmember Pierson agreed that a policy was the best option. He stated bait boxes and poisons were an intensification of use that could damage ESHA.
MOTION Councilmember Pierson moved, and Councilmember Uhring seconded a motion to provide a recommendation that the City Council direct staff to prepare a policy to implement Land Use Plan Policy 3.18.
FRIENDLY AMENDMENT
Councilmember Uhring requested the motion be amended to add that the City’s law firm provide the basis of how the City would defend any challenges and include that legal brief when this item is brought to the City Council.
The Friendly Amendment was accepted by the maker.
In response to Councilmember Uhring, Planning Director Mollica explained the City would respond to a complaint by verifying the violation, and then Code Enforcement would contact the property owner to remove it. He stated the property owner would pay a penalty to cover Code Enforcement costs. In response to Councilmember Uhring, he stated a CDP would never be issued to allow poison use on ESHA. He stated the policy, as written, did not allow any property owner to have the poisons on its property, and a CDP would only be to restore ESHA.
Interim City Manager McClary noted that if a property owner built something without a permit, the City would find them in violation and make them abate the construction.
Planning Director Mollica discussed a potential fine schedule for violations.
Councilmember Pierson suggested having the City Attorney advise on a plan for penalties for violations of the policy when this was presented to Council.
Malibu Zoning Ordinance Revisions and Code Enforcement Subcommittee Special Meeting
Minutes of April 14, 2022
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Planning Director Mollica stated staff would propose options and discuss with the City Attorney whether that would require a modification to Item 4 in the draft policy.
Councilmember Uhring agreed that penalties must be included with the policy. In response to Councilmember Uhring, Planning Director Mollica stated Council Policy No. 43 required the complainant be identified except for health and safety issues. In response to Councilmember Uhring, Planning Director Mollica stated this could be considered a safety issued as related to wildlife.
Councilmember Pierson suggested the City include an education and outreach component to include how to identify if bait traps were poisons or snap traps.
Councilmember Uhring asked if pesticide firms operating in Malibu would be required to obtain a permit.
Interim City Manager McClary stated the City could contact major providers of the new requirements.
The final motion was clarified to be to provide a recommendation that: 1) Staff prepare and the City Council adopt a policy to implement Land Use Plan Policy
3.18 regarding the use of rodenticides, insecticides, and herbicides; 2) the City’s law firm provide the basis of how the City would defend any challenges and include that legal brief when the policy was brought to the City Council; 3) the City Council direct staff to create a plan for enforcement and penalties for violations of the policy.
The question was called, and the motion carried unanimously.
C. Zoning Text Amendment No. 21-005 Amending Malibu Municipal Code Chapter
17.68 (Temporary Use Permits)
Staff recommendation: Discuss potential amendments to the temporary use permit (TUP) process, event criteria, and provide feedback for staff to incorporate into a draft ordinance amendment.
Planning Director Mollica presented the report.
Barry Haldeman, a member of the Malibu Film Society Board of Directors, Malibu Arts Commission, and the Chamber of Commerce Arts Commission, noted the Malibu Film Society had operated in the City for thirteen years and offered about sixty screenings per year without any permits required. He stated the City provided grants for the first couple of years. He stated the City’s position changed suddenly, which drove it out of Malibu. He requested the City interpret 1768.040(F) to allow Malibu Zoning Ordinance Revisions and Code Enforcement Subcommittee Special Meeting
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for holding events in appropriate locations without permits. He requested a special exemption in the code for the Malibu Film Society.
Daria Hodko, Chamber of Commerce Arts Committee Chair, agreed with Mr.
Haldeman. She requested more opportunities for local artists to showcase their work. She stated she supported relaxing or waiving requirements for TUPs. She stated the Committee’s and Malibu Film Society’s mission were to bring more arts into Malibu and take advantage of local talent.
Scott Tallal, Malibu Film Society, expressed support for amending the code. He stated typical events had attendance of fewer than 100 people. He stated the code should include both public and private spaces. He discussed certain events that could not meet the 35-day advance noticing requirement. He stated the draft policy had failed to discuss events held in private spaces, such as churches or synagogues.
He stated the vast majority were indoor events and were seldom held on consecutive days. He stated he was unaware of any complaints ever filed by the community about any Malibu Film Society event.
John Mazza, former member of the Arts Task Force and a member of the Malibu Arts Foundation, discussed recent car events with over 250 people in the Malibu Lumber Yard shopping center that were internationally advertised and held without permits. He stated they received only a slap on the hand. He stated many events that could be considered art would impact neighborhoods. He stated it needed to be controlled to define a public space. He stated most parks were residentially zoned.
He stated neighbors should be notified of events that may impact them. He stated it must focus on impacts to residents, including traffic and parking.
Barbara Freund, Malibu Art Association, thanked the City and staff for their empathy and compassion. She stated the community was extremely supportive of the Art in the Park program. She discussed other groups that wanted to hold events in the City and would donate portions of their proceeds to local organizations or to the City for park maintenance. She expressed support for staff’s recommendation to amend the TUP for non-profit organizations that benefitted the community. She discussed the burden on staff to process TUPs for simple, recurring events that did not involve food, tents, music or speakers.
Lotte Cherin, Malibu Arts Commission, requested the TUP be relaxed for the Commission since it was a City group and typically held events at City Hall with low attendance and low impact. She stated the Commission hoped for a waiver of fees and the 14-day notice requirement.
Eduardo del Signore stated he worked with artists on platforms of music, dance, poetry, and art. He stated supported any motion to expand arts in Malibu that would benefit the community. He discussed the loss of art and tradition in Uruguay. He Malibu Zoning Ordinance Revisions and Code Enforcement Subcommittee Special Meeting
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stated a country not invested in the arts was doomed to mediocrity. He announced a concert on April 23 at City Hall to benefit the Malibu High School orchestra and another event to benefit Ukraine on May 21 at Malibu United Methodist Church.
He stated he supported the previous speakers.
Barbara Bruderlin, Chamber of Commerce, stated she would be happy to see changes to this process. She stated the Chamber supported the Malibu Film Society hosting its event at Malibu Pacific Church. She stated arts are suffering in Malibu because shopping centers are worried about using their six TUPs. She expressed support for allowing more art on the street and in the centers.
John Johannessen questioned why the Malibu Film Society was shut down so quickly. He stated the City should be more supportive of the arts community. He stated, on behalf of the Malibu Film Society, he appreciated anything that would allow showing movies in Malibu.
Councilmember Uhring expressed confusion about what the Subcommittee was asked to do. He stated nobody shut down the Malibu Film Society. He stated they were simply asked to follow the same rules as others. He stated a TUP allowed events at a location not built for that and protected the residents’ quality of life. He asked if newer staff understood everything necessary to determine if an over the counter (OTC) permit should be issued. He questioned who determined what was an educational, art or cultural event. He expressed support for clearing a path for arts and cultural events at Legacy Park, City Hall and Bluffs Park. He stated he did not want to see an overhaul of the TUP rules and process without having it go back to the nearby residents to make sure they would not be impacted.
Councilmember Pierson agreed with Councilmember Uhring about small, nonimpact events. In response to Councilmember Pierson, Planning Director Mollica confirmed that the City’s public parks were limited to six events per year. He explained the TUP ordinance did not have an exemption for City-owned properties and Section G required a permit for art or cultural events, exhibits and displays. He stated the Malibu Municipal Code did not allow the City to exempt itself.
Councilmember Pierson suggested the City Council discuss promoting public spaces as the locations for these events. He stated he had no issue with art events every week in public spaces. He expressed support for allowing a series with a threshold, providing there was low or no impact. He stated the Malibu Film Society should be able to host events in any space built, permitted and designed for a certain number of people with sufficient parking. He stated events like the Music at Trancas should be encouraged. He stated not having more than six art events in a public park made no sense. He stated art events had lower impact than a series of weekly soccer games.
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In response to Councilmember Pierson, Planning Director Mollica stated the Subcommittee was suggested to consider recommendations for events on consecutive dates and non-event temporary uses or structures. Councilmember Pierson stated extra space during construction, including parking, should go through the Planning Commission. Planning Director Mollica stated the Planning Commission could consider that rather than going through the TUP process. In response to Councilmember Pierson, Planning Director Mollica discussed multiday events and non-consecutive events and whether they could be all under one permit. Councilmember Pierson stated those could be considered a series. He stated the City may have unintentionally abandoned its art community. Planning Director Mollica discussed Conditional Use Permits (CUP).
Councilmember Uhring stated there needed to be a clear understanding that he and Councilmember Pierson did not agree with one another on all facets of this topic.
He expressed concern about opening it up to any type of event and potential negative impacts on nearby residents. He stated it was necessary to clearly define everything for staff.
Councilmember Pierson stated he agreed that a CUP would stand, particularly in its impact to neighbors. Councilmember Uhring questioned who would make the determination. He stated the City needed a clear definition of what was a low- or non-impact event. He stated there was no control over TUPs.
Councilmember Uhring stated he supported art events at City parks without a TUP.
Councilmember Pierson stated he would support an OTC permit for those events.
Councilmember Pierson stated the TUP system was failing residents.
Councilmember Uhring stated implementation and enforcement of the TUP system was what was failing the residents.
In response to Councilmember Pierson, Planning Director Mollica stated staff presented a TUP mechanism for people who wanted approval on a series. He suggested further discussion on what threshold would require a public hearing.
Interim City Manager McClary stated he understood Councilmember Uhring’s concern about enforcement. He stated staff did respond to complaints and had issued citations this year when there was evidence of violations or events held without TUPs.
CONSENSUS
By consensus, the Subcommittee agreed to recommend that the City Council look at different rules for permitting art events at public places, such as events at Legacy Park, City Hall, Bluffs Park, or Trancas summer concerts.
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Councilmember Pierson stated the City needed to address the art community’s concerns and frustration. Councilmember Uhring stated there was a path for that through the TUP process.
Planning Director Mollica stated staff could bring back a proposal for series of events that would exceed six times per year. He suggested it might require going to the Planning Commission for a public hearing. Councilmember Pierson stated it still required determination of the impact.
Planning Director Mollica suggested construction yard issues should be part of the Planning Commission approval process. Councilmember Uhring and Councilmember Pierson agreed.
Planning Director Mollica stated staff would draft a policy for presentation to the Planning Commission for recommendations. He stated a Zoning Text Amendment (ZTA) would be brought to the City Council.
CONSENSUS
By consensus, the Subcommittee requested the draft policy be brought back to ZORACES prior to going to the Planning Commission.
In response to Councilmember Pierson, Planning Director Mollica stated a TUP for the Malibu Film Society required a 32-day public notice and would be limited to six events per parcel per year. In response to Councilmember Pierson, Planning Director Mollica confirmed a film series for 10 straight nights would be allowed.
In response to Interim City Manager McClary, Planning Director Mollica confirmed the series could be held at a facility with a CUP in place allowing that type of event.
ADJOURNMENT
MOTION At 5:23 p.m., Councilmember Uhring moved, and Councilmember Pierson seconded a motion to adjourn the meeting. The question was called, and the motion carried unanimously.
Approved and adopted by the Zoning Ordinance Revisions and Code Enforcement Subcommittee of the City of Malibu on
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MIKKE PIERSON, Councilmember
ATTEST:
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MARY LINDEN, Executive Assistant