Agenda packet, second session — Malibu City Council, September 25, 2023 (part 4 of 5)

Recycled Paper

BIOLOGY REVIEW SHEET

PROJECT INFORMATION
Applicant:
(name and email)
Chris Deleau, Schmitz and Associates, Inc.
[email protected]
Project Address: 6734 ZUMIREZ DR
Malibu, CA 90265
Planning Case No.: CDP 20-068
Project Description: (N) SFR; 2nd unit; pool; cabana; demo existing house Date of Review: June 21, 2021
Reviewer:

Dave Crawford Signature:

Contact Information: Phone: (310) 456-2489 ext 277 Email: [email protected]

SUBMITTAL INFORMATION
Site Plan: 6/8/21
Site Survey: 6/8/21
Landscape Plan: 6/8/21
Hydrozone Plan: 6/8/21
Irrigation Plan: 6/8/21
Fuel Modification Plan: 6/8/21
Grading Plan: 6/8/21
OWTS Plan: 6/8/21
Bio Assessment:

Bio Inventory:

Native Tree Survey: 12/29/20 (ESA)
Native Tree Protection
Plan:

Miscellaneous:

Previous Reviews: 1/11/21 (Incomplete)

REVIEW FINDINGS
Review Status: INCOMPLETE: Additional information and/or a response to the listed review comments is required.

APPROVED: The project has been approved with regards to biological impacts.

CANNNOT APPROVE AS SUBMITTED: The proposed project does not conform to the requirements of the MMC and/or LCP.

ERB: This project has the potential to impact ESHA and may require review by the Environmental Review Board pursuant to LIP Section 4.4.4 126
City of Malibu Biology Review Sheet
CDP 20-068
6734 Zumirez Drive
June 21, 2021

Page 2 of 3 ends

DISCUSSION:

1. The Maximum Applied Water Allowance (MAWA) for this project totals 310,245 gallons per year (gpy). The Estimated Applied Water Use (EAWU) totals 288,519 gpy. Therefore, the project meets the Landscape Water Conservation Ordinance Requirements.

RECOMMENDATIONS:

1. The project is recommended for APPROVAL with the following conditions:

A. No new development is permitted on slopes of 4:1 (25%) or steeper.

B. Prior to installation of any landscaping, the applicant shall obtain plumbing permit for the proposed irrigation system from the Building Safety Division.

C. Prior to or at the time of a Planning final inspection, the property owner/applicant shall submit to the case planner a copy of the plumbing permit for the irrigation system installation that has been signed off by the Building Safety Division.

D. Prior to final Planning inspection or other final project sign off (as applicable), the applicant shall submit to the Planning Director for review and approval a certificate of completion in accordance with the Landscape Water Conservation Ordinance (MMC Chapter 9.22). The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 9.22. (form attached) E. Prior to Final Plan Check Approval, if your property is serviced by the Los Angeles County Waterworks District No. 29, please provide landscape water use approval from that department.

For approval contact:

Nima Parsa
Address: 23533 West Civic Center Way, Malibu, CA 90265-4804 Email: [email protected] (preferred)
Phone: (310) 317-1389
Please note this action may require several weeks. As such, the applicant should submit their approved landscape plans to DPW as soon as feasible in order to avoid a delay at plan check.

F. Vegetation forming a view impermeable condition (hedge), serving the same function as a fence or wall, occurring within the side or rear yard setback shall be maintained at or below six feet in height. View impermeable hedges occurring within the front yard setback serving the same function as a fence or wall shall be maintained at or below 42 inches in height.

G. Vegetation shall be situated on the property so as not to obstruct the primary view from private property at any given time (given consideration of its future growth). 127
City of Malibu Biology Review Sheet
CDP 20-068
6734 Zumirez Drive
June 21, 2021

Page 3 of 3 ends

H. Invasive plant species, as determined by the City of Malibu, are prohibited.

I. No non-native plant species shall be approved greater than 50 feet from the residential structure.

J. The landscape plan shall prohibit the use of building materials treated with toxic compounds such as creosote and copper arsenate.

K. Grading shall be scheduled only during the dry season from April 1 - October 31. If it becomes necessary to conduct grading activities from November 1 – March 31, a comprehensive erosion control plan shall be submitted for approval prior to issuance of a grading permit and implemented prior to initiation of vegetation removal and/or grading activities.

L. Grading/excavation/vegetation removal scheduled between February 1 - September 15 will require nesting bird surveys by a qualified biologist prior to initiation of such activities. Surveys shall be completed no more than five days from proposed initiation of site preparation activities. Should active nests be identified, a buffer area no less than 150 feet (300 feet for raptors) shall be fenced off until it is determined by a qualified biologist that the nest is no longer active. A report discussing the results of the surveys shall be turned in to the City within two business days of completion of surveys.

M. Night lighting from exterior and interior sources shall be minimized. All exterior lighting shall be low intensity and shielded so it is directed downward and inward so that there is no offsite glare or lighting of natural habitat areas. Up-lighting is prohibited.

N. New fencing of any single area exceeding ½ acre shall be of an open rail-type design with a wooden rail at the top (instead of wire), be less than 40 inches high, and have a space greater than 14 inches between the ground and the bottom post or wire. A split rail design that blends with the natural environment is preferred.

2. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY, the City Biologist shall inspect the project site and determine that all planning conditions to protect natural resources are in compliance with the approved plans.
-o0oIf you have any questions regarding the above requirements, please contact the City Biologist office at your earliest convenience.
cc: Planning Project file
Planning Department
128

ENVIRONMENTAL HEALTH REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-3356 www.malibucity.org
FROM:

TO: City of Malibu Environmental Health Administrator
City of Malibu Planning Department DATE: 12/29/2020
APPLICANT / CONTACT: Chris Deleau, Schmitz and Associates, Inc.

APPLICANT ADDRESS: 28118 Agoura Rd. #103
APPLICANT PHONE #: (818) 338-3636
APPLICANT FAX #:

PROJECT DESCRIPTION: (N) SFR; 2nd unit; pool; cabana; demo existing house
Agoura Hills, CA 91301
PROJECT NUMBER: CDP 20-068
JOB ADDRESS: 6734 ZUMIREZ DR
APPLICANT EMAIL: [email protected]
TO: Malibu Planning Department and/or Applicant
FROM: City of Malibu Environmental Health Reviewer
Conformance Review Complete for project submittals reviewed with respect to the City of Malibu Local Coastal Plan/Local Implementation Plan (LCP/LIP) and Malibu Municipal Code (MMC). The Conditions of Planning conformance review and plan check review comments listed on the attached review sheet(s) (or else handwritten below) shall be addressed prior to plan check approval.

Conformance Review Incomplete for the City of Malibu LCP/LIP and MMC. The Planning stage review comments listed on the City of Malibu Environmental Health review sheet(s) shall be addressed prior to conformance review completion.

OWTS Plot Plan: NOT REQUIRED
REQUIRED (attached hereto) REQUIRED (not attached)
Signature Date
Rev 141008
Signature
January 8, 2021
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135

FIRE DEPARTMENT REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4804 (310) 456-2489 FAX (310) 456-7650
FROM:

TO: Los Angeles County Fire Department
City of Malibu Planning Department DATE: 12/29/2020
JOB ADDRESS: 6734 ZUMIREZ DR
APPLICANT / CONTACT: Chris Deleau, Schmitz and Associates, Inc.

APPLICANT ADDRESS: 28118 Agoura Rd. #103
APPLICANT PHONE #: (818) 338-3636
APPLICANT FAX #:

PROJECT DESCRIPTION: (N) SFR; 2nd unit; pool; cabana; demo existing house Agoura Hills, CA 91301
PROJECT NUMBER: CDP 20-068
TO: Malibu Planning Department and/or Applicant
FROM: Fire Prevention Engineering Assistant
Compliance with the conditions checked below is required prior to Fire Department approval.

The project DOES require Fire Department Plan Review and Developer Fee payment ______ The project DOES NOT require Fire Department Plan Review ______ The required fire flow for this project is ________ gallons per minute at 20 pounds per square inch for a 1 hour duration. (Provide flow information from the water dept.) ______ The project is required to have an interior automatic fire sprinkler system. ______ Final Fuel Modification Plan Approval is required prior to Fire Department Approval ______ Conditions below marked “not approved” shall be corrected on the site plan and resubmitted for Fire Department approval.

App’d N/app’d
Required Fire Department vehicular access (including width and grade %) as shown from the public street to the proposed project. _____ ______ Required and/or proposed Fire Department Vehicular Turnaround _____ ______ Required 5 foot wide Fire Department Walking Access (including grade %) _____ ______ Width of proposed driveway/access roadway gates _____ ______

*County of Los Angeles Fire Department Approval Expires with City Planning permits expiration, revisions to the County of Los Angeles Fire Code or revisions to Fire Department regulations and standards. **Minor changes may be approved by Fire Prevention Engineering, provided such changes achieve substantially the same results and the project maintains compliance with the County of Los Angeles Fire Code valid at the time revised plans are submitted. Applicable review fees shall be required. __________________________________ _____________________ SIGNATURE DATE Additional requirements/conditions may be imposed upon review of complete architectural plans.

The Fire Prevention Engineering may be contacted by phone at (818) 880-0341or at the Fire Department Counter:
26600 Agoura Road, Suite 110, Calabasas, CA 91302; Hours: Monday – Thursday between 7:00 AM and 11:00 AM Rev 04/21/10 mr
X
X
X
X
1,250
C. KENNELLY 8-12-2021
X
X
X
X
136
City of Malibu
23825 Stuart Ranch Road x Malibu, California 90265-4861 (310) 456-2489 x Fax (310) 456-3356 x www.malibucity.org

GEOTECHNICAL REVIEW SHEET
Project Information
Date: May 12, 2021 Review Log #: 4702
Site Address: 6734 Zumirez Drive
Lot/Tract/PM #: Planning #: CDP 20-068
Applicant/Contact: Chris Deleau, [email protected] BPC/GPC #:

Contact Phone #: (818) 338-3636 Fax#: Planner:

Project Type: Demolish existing residence, NSFR, guest house, pool and cabana, storage building, NOWTS.

Submittal Information
Consultant(s) / Report
Date(s):
(Current submittal(s) in Bold.)
Solid Soils and Geologic Consultants, Inc. (Sivas, CEG 2565; Simon RCE 82610): 3-26-21, 1-27-21, 8-4-20
Grading & Drainage Plan by Ahsirt Engineering, Inc., Sheets G1 thru G4, dated 7-8-20.

Architectural Plans by Warren Garrett dated 11-20-20.

Architectural Survey by Design Studio, Inc., Sheets A-100 and A-101 7-7-20.

Previous Reviews: 2-24-21, 1-15-21
Review Findings
Coastal Development Permit Review
The revised residential development project is APPROVED from a geotechnical perspective.

The revised residential development project is NOT APPROVED from a geotechnical perspective.

Building Plan-Check Stage Review
Awaiting Building Plan Check submittal. Please respond to the listed ‘Building Plan-Check Stage Review Comments’ AND review and incorporate the attached ‘Geotechnical Notes for Building Plan Check’ into the plans.

APPROVED from a geotechnical perspective. Please review the attached ‘Geotechnical Notes for Building Plan Check’ and incorporate into Building Plan-Check submittals.

NOT APPROVED from a geotechnical perspective. Please respond to the listed ‘Building PlanCheck Stage Review Comments’ AND review and incorporate the attached ‘Geotechnical Notes for Building Plan Check’ into the plans.

Remarks
The referenced Architectural and Grading plans as well as the geotechnical report have been reviewed by the City from a geotechnical perspective. The proposed project includes demolishing the existing residence and guest house, and the construction of new single-family residence with basement, guest house, detached garage, pool (with no infinity edge) and spa, and storage building. The proposed development also includes a new Onsite Wastewater Treatment System (OWTS).
137
City of Malibu Geotechnical Review Sheet
(MAL6760) – 2 –
Grading will include 6,840 cubic yards of removal and recompaction (3,420 cubic yard of cut and 3,420 cubic yard of fill), 1,320 cubic yards of exempt understructure cut, 210 cubic yards of safety cut, and 235 cubic yards of non-exempt cut, 280 cubic yards of non-exempt fill. The balance of grading will result in 1,915 cubic yards of export.

Building Plan-Check Stage Review Comments:

1. Please submit a fee of $1,016.00 to City geotechnical staff for building plan check review.

2. The consultant should discuss and evaluate as necessary the potential for lateral surcharge on basement sidewalls due to adjacent structures/foundations using an appropriate method of analyses (e.g.: 1- Spangler & Handy {1982}, Soil Engineering, fourth Edition, Harper & Row, New York. 2- Navy Design Manual NAVFAC DM-7.2, Figures 11 & 12). Using the 1:1 criterion for lateral surcharge is not acceptable unless substantiated by analyses and/or references. Mitigation measures should be recommended, as necessary.

3. Please include the following note on the foundation plans and details: “An evaluation of soil Expansion Index shall be made in accordance with Section 6.2.1 of the City of Malibu’s geotechnical guidelines at the completion of grading by the Project Geotechnical Consultant, who shall provide appropriate recommendations, as necessary.”

4. Please include the following note on the foundation plans and details: “An evaluation of soil corrosivity shall be made in accordance with Section 6.2.1 of the City of Malibu’s geotechnical guidelines at the completion of grading by the Project Geotechnical Consultant, who shall provide appropriate recommendations”.

5. Please include the following note on the plans, as appropriate: “The Project Geotechnical Consultant shall prepare an as-built report documenting the installation of the pile foundation elements for review by City Geotechnical staff. The report shall include total depths of the piles, minimum depth into the recommended bearing material, actual depth into the recommended bearing material, and a map depicting the locations of the piles.”

6. Two sets of final grading, retaining wall, swimming pool/spa, tennis court, and residence plans (APPROVED BY BUILDING AND SAFETY) incorporating the Project Geotechnical Consultant’s recommendations and items in this review sheet must be reviewed and wet stamped and manually signed by the Project Engineering Geologist and Project Geotechnical/Civil Engineer. City geotechnical staff will review the plans for conformance with the Project Geotechnical Consultants’ recommendations and items in this review sheet over the counter at City Hall. Appointments for final review and approval of the plans may be made by calling or emailing City Geotechnical staff.

1. ELECTRONIC PLANS: If final foundation and civil plans are digitally signed and stamped by the Project Geotechnical Consultant, as allowed under Board of Registration For Professional Engineers and Land Surveyors (2020 PE &PLS Board Rules (16 CCR §§400-476), the Plan Review Letter must contain the following:
x Project description – Address, scope, including structures being permitted (e.g. pool, guest house etc.).
x Plan set information - The date and preparer of the plan set reviewed; this must match the plan set that was submitted to the city for final approval.
x Report references -All applicable geotechnical or coastal engineering reports need to be referenced.
x Approval of specific plan sheets reviewed – List all plan sheets approved, e.g. civil (grading and drainage) as well as structural.
x Licensed Professional signature and stamp - The letter must be signed and stamped by all licensed professionals who signed the reports.
138
City of Malibu Geotechnical Review Sheet
(MAL6760) – 3 –
Please direct questions regarding this review sheet to City Geotechnical staff listed below.

Engineering Geology Review by: 5/12/21
Christopher Sexton, C.E.G. #1441, Exp. 11-30-20 Date
Engineering Geology Reviewer (805-496-1222)
Email: [email protected]
Geotechnical Engineering Review by __________________________ 5/12/21 Ali Abdel-Haq, G.E. #2308, Exp. 12-31-21 Date
Geotechnical Engineering Reviewer (805-496-1222)
Email: [email protected]
This review sheet was prepared by representatives of Cotton, Shires and Associates, Inc. and GeoDynamics, Inc., contracted through Cotton, Shires and Associates, Inc., as an agent of the City of Malibu.

139
City of Malibu
– GEOTECHNICAL –

NOTES FOR BUILDING PLAN-CHECK
The following standard items should be incorporated into Building Plan-Check submittals, as appropriate:

1. One set of grading, retaining wall, swimming
pool/spa, tennis court, and residence plans,
incorporating the Project Geotechnical
Consultant’s recommendations and items in this
review sheet, must be submitted to City
geotechnical staff for review. Additional review
comments may be raised at that time that may
require a response.

2. Show the address and phone number of the
Project Geotechnical Consultant(s) on the cover
sheet of the Plans.

3. Include the following note on all the Foundation
Plans: “All foundation excavations must be
observed and approved by the Project
Geotechnical Consultant prior to placement of
reinforcing steel.”

4. Include the following note on Grading and
Foundation Plans: “Subgrade soils shall be tested
for Expansion Index prior to pouring footings or
slabs; Foundation Plans shall be reviewed and
revised by the Project Geotechnical Consultant, as
appropriate.”

5. Foundation setback distances from descending
slopes shall be in accordance with Section 1808 of
the Malibu Building Code, or the requirements of
the Project Geotechnical Consultant’s
recommendations, whichever are more stringent.

Show minimum foundation setback distances on
the foundation plans, as applicable.

6. The Foundation Plans for the proposed structures
shall clearly depict the embedment material and
minimum depth of embedment for the foundations
in accordance with the Project Geotechnical
Consultant’s recommendations.

7. Show the onsite wastewater treatment system on
the Site Plans.

8. Please contact the Building and Safety
Department regarding the submittal requirements
for a grading and drainage plan review.

Grading Plans (as Applicable)

1. Grading Plans shall clearly depict the limits and
depths of overexcavation, as applicable.

2. Prior to final approval of the project, an as-built
compaction report prepared by the Project
Geotechnical Consultant must be submitted to the
City for review. The report must include the
results of all density tests as well as a map
depicting the limits of fill, locations of all density
tests, locations and elevations of all removal
bottoms, locations and elevations of all keyways
and back drains, and locations and elevations of
all retaining wall backdrains and outlets. Geologic
conditions exposed during grading must be
depicted on an as-built geologic map. This
comment must be included as a note on the
grading plans.

Retaining Walls (As Applicable)

1. Show retaining wall backdrain and backfill design,
as recommended by the Project Geotechnical
Consultant, on the Plans.

2. Retaining walls separate from a residence require
separate permits. Contact the Building and Safety
Department for permit information. One set of
retaining wall plans shall be submitted to the City
for review by City geotechnical staff. Additional
concerns may be raised at that time which may
require a response by the Project Geotechnical
Consultant and applicant.
140

PUBLIC WORKS REVIEW

REFERRAL SHEET
City of Malibu
23825 Stuart Ranch Rd., Malibu, California CA 90265-4861 (310) 456-2489 FAX (310) 456-7650
FROM:

TO:

City of Malibu Planning Department
Public Works Department
DATE: 12/29/2020
APPLICANT / CONTACT: Chris Deleau, Schmitz and Associates, Inc.

APPLICANT ADDRESS: 28118 Agoura Rd. #103
APPLICANT PHONE #: (818) 338-3636
APPLICANT FAX #:

PROJECT DESCRIPTION: (N) SFR; 2nd unit; pool; cabana; demo existing house
Agoura Hills, CA 91301
PROJECT NUMBER: CDP 20-068
JOB ADDRESS: 6734 ZUMIREZ DR
TO: Malibu Planning Department and/or Applicant
FROM: Public Works Department
The following items described on the attached memorandum shall be addressed and resubmitted.

The project was reviewed and found to be in conformance with the City’s Public Works and LCP policies and CAN proceed through the Planning process.

SIGNATURE DATE
APPLICANT EMAIL: [email protected]
Rev 120910
X
Edward Rodriguez January 12, 2021
141
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City of Malibu

M E M O R A N D U M
To: Planning Department
From: Public Works Department
Edward Rodriguez, Associate Civil Engineer

Date: January 12, 2021
Re: Conditions of Approval for 6734 Zumeriz Dr., CDP 20-068 The Public Works Department has reviewed the plans submitted for the above referenced project.

Based on this review sufficient information has been submitted to confirm that conformance with the Malibu Local Coastal Plan (LCP) and the Malibu Municipal Code (MMC) can be attained. Prior to the issuance of building and grading permits, the applicant shall comply with the following conditions.

STREET IMPROVEMENTS

1. This project proposes to construct a new driveway within the City’s right-of-way. Prior to the Public Works Department’s approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the proposed driveway.

The driveway shall be constructed of either 6-inches of concrete over 4-inch of aggregate base, or 4-inches of asphalt concrete over 6-inches of aggregate base. The driveway shall be flush with the existing grades with no curbs.

2. Several existing private improvements are located within the City’s right-of-way, such as (but not limited to) landscaping, railroad ties, fencing. These improvements are required to be removed as part of this project and must be shown on the plans. The applicant shall place notes on the plans for the removal of existing encroachments within the City’s right-of-way.

Prior to the Public Works Department’s approval of the grading or building permit, the applicant shall obtain encroachment permits from the Public Works Department for the removal of the private improvements within the City’s right-of-way.

GRADING AND DRAINAGE

3. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development LIP Section 17.3.1 that:
x Is located within or adjacent to ESHA, or
142
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x Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4:1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. If grading operations are not completed before the rainy season begins, grading shall be halted and temporary erosion control measures shall be put into place to minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources

4. Exported soil from a site shall be taken to the County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with the City’s LIP Section

8.3. A note shall be placed on the project that addresses this condition.

5. A grading and drainage plan shall be approved containing the following information prior to the issuance of grading permits for the project.
x Public Works Department General Notes
x The existing and proposed square footage of impervious coverage on the property shall be shown on the grading plan (including separate areas for buildings, driveways, walkways, parking, tennis courts and pool decks).
x The limits of land to be disturbed during project development shall be delineated on the grading plan and a total area shall be shown on the plan. Areas disturbed by grading equipment beyond the limits of grading, areas disturbed for the installation of the septic system, and areas disturbed for the installation of the detention system shall be included within the area delineated.
x The grading limits shall include the temporary cuts made for retaining walls, buttresses, and over excavations for fill slopes and shall be shown on the grading plan.
x If the property contains trees that are to be protected they shall be highlighted on the grading plan.
x If the property contains rare and endangered species as identified in the resources study the grading plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on the grading plan if required by the City Biologist.
x Private storm drain systems shall be shown on the grading plan. Systems greater than 12-inch diameter shall also have a plan and profile for the system included with the grading plan.
x Public storm drain modifications shown on the grading plan shall be approved by the Public Works Department prior to the issuance of the grading permit.

6. A digital drawing (AutoCAD) of the project’s private storm drain system, public storm drain system within 250 feet of the property limits, and post-construction BMP’s shall be submitted to the Public Works Department prior to the issuance of grading or building permits. The digital drawing shall adequately show all storm drain lines, inlets, outlet, post-construction 143
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7. The applicant shall label all City/County storm drain inlets within 250 feet from each property line per the City of Malibu’s standard label template. A note shall be placed on the project plans that address this condition.

STORMWATER

8. The ocean between Latigo Point and the West City limits has been established by the State Water Resources Control Board as an Area of Special Biological Significance (ASBS) as part of the California Ocean Plan. This designation allows discharge of storm water only where it is essential for flood control or slope stability, including roof, landscape, road and parking lot drainage, to prevent soil erosion, only occurs during wet weather, and is composed of only storm water runoff. The applicant shall provide a drainage system that accomplishes the following:
x Installation of permanent BMPs that are designed to treat the potential pollutants in the storm water runoff so that it does not alter the natural ocean water quality. These pollutants include trash, oil and grease, metals, bacteria, nutrients, pesticides, herbicides and sediment.
x Prohibits the discharge of trash.
x Only discharges from existing storm drain outfalls are allowed. No new outfalls will be allowed. Any proposed or new storm water discharged shall be routed to existing storm drain outfalls and shall not result in any new contribution of waste to the ASBS (i.e. no additional pollutant loading).
x Elimination of non-storm water discharges.

9. A Storm Water Pollution Prevention Plan shall be provided prior to the issuance of the Grading/Building permits for the project. This plan shall include an Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:

Erosion Controls Hydraulic Mulch
Hydroseeding
Soil Binders
Straw Mulch
Geotextiles and Mats
Wood Mulching
Sediment Controls Fiber Rolls
Gravel Bag Berm
Street Sweeping and/ or Vacuum
Storm Drain Inlet Protection
Scheduling
Check Dam
Additional Controls Wind Erosion Controls
144
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Stabilized Construction Roadway
Entrance/ Exit Tire Wash
Non-Stormwater
Management
Vehicle and Equipment Washing
Vehicle and Equipment Fueling
Vehicle and Equipment Maintenance
Waste Management Material Delivery and Storage
Spill Prevention and Control
All Best Management Practices (BMP) shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage of construction materials, solid waste management, and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

10. Prior to the approval of any permits and prior to the applicant submitting the required Construction General Permit documents to the State Water Quality Control Board, the applicant shall submit to the Public Works Department for review and approval an Erosion and Sediment Control Plan (ESCP). The ESCP shall contain appropriate site-specific construction site BMPs and developed and certified by a Qualified SWPPP Developer (QWD). All structural BMPs must be designed by a licensed California Engineer. The ESCP must address the following elements:
x Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside the disturbed area.
x Methods used to protect native vegetation and trees.
x Sediment/Erosion Control.
x Controls to prevent tracking on and off the site.
x Non-storm water controls.
x Material management (delivery and storage).
x Spill Prevention and Control.
x Waste Management
x Identification of site Risk Level as identified per the requirements in Appendix 1 of the Construction General Permit.
x Landowner must sign the following statement on the ESCP:
“I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate and complete. I am aware that submitting false and/or inaccurate information, failing to update the ESCP to reflect current conditions, or 145
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11. A State Construction activity permit is required for this project due to the disturbance of more than one acre of land for development. Provide a copy of the letter from the State Water Quality Control Board containing the WDID number prior to the issuance of grading or building permits.

12. A Storm Water Management Plan (SWMP) is required for this project. Storm drainage improvements are required to mitigate increased runoff generated by property development.

The applicant shall have the choice of one method specified within the City’s Local Implementation Plan Section 17.3.2.B.2. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post development drainage of the site. The SWMP shall identify the Site design and Source control Best Management Practices (BMP’s) that have been implemented in the design of the project (See LIP Chapter 17 Appendix A). The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance of the grading/building permits for this project.

13. A Water Quality Mitigation Plan (WQMP) is required for this project. The WQMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the predevelopment and post development drainage of the site.

The WQMP shall meet all the requirements of the City’s current Municipal Separate Stormwater Sewer System (MS4) permit. The following elements shall be included within the WQMP:
x Site Design Best Management Practices (BMP’s)
x Source Control BMP’s
x Treatment Control BMP’s that retains on-site the Stormwater Quality Design Volume (SWQDv). Or where it is technical infeasible to retain on-site, the project must biofiltrate 1.5 times the SWQDv that is not retained on-site. x Drainage Improvements
x A plan for the maintenance and monitoring of the proposed treatment BMP’s for the expected life of the structure.
x A copy of the WQMP shall be filed against the property to provide constructive notice to future property owners of their obligation to maintain the water quality measures installed during construction prior to the issuance of grading or building permits. x The WQMP shall be submitted to Public Works and the fee applicable at time of submittal for the review of the WQMP shall be paid prior to the start of the technical review. The WQMP shall be approved prior to the Public Works Department’s approval of the grading and drainage plan and or building plans. The Public Works Department will tentatively approve the plan and will keep a copy until the completion of the project. Once the project is completed, the applicant shall verify the installation of the BMP’s, make any revisions to the WQMP, and resubmit to the Public Works Department for approval. The original signed and notarized document shall be 146
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14. HYDROMODIFICATION – Alteration or disturbance of streams or natural drainage courses or human-made or altered drainage courses that have replaced natural streams or drainages and serve the same function, shall be prohibited.
x Necessary water supply projects where no feasible alternative exists. x Flood protection for existing development where there is no other feasible alternative. x The improvement of fish and wildlife habitat.

MISCELLANOUS

15. The developer’s consulting engineer shall sign the final plans prior to the issuance of permits.

16. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, alagecides or other chemicals is prohibited. Swimming pool, spa, and decorative fountain water may be used as landscape irrigation only if the following items are met:
x The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
x There are sufficient BMPs in place to prevent soil erosion; and x The discharge does not reach into the MS4 or to the ASBS (including tributaries) Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

The applicant shall also provide a construction note on the plans that directs the contractor to install a new sign stating “It is illegal to discharge pool, spa or water feature waters to a street, drainage course or storm drain per MMC 13.04.060(D)(5).” The new sign shall be posted in the filtration and/or pumping equipment area for the property. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

Please include the marked-up set of plans with your next submittal. Also, please include a comment response letter with your next submittal that addresses the above-mentioned items. Failure to submit a detailed comment response letter will result in the Public Works Department not accepting your re-submittal and or may result in additional plan checking fees. 147
1 Tyler Eaton
From: Tyler Eaton
Sent: Wednesday, July 6, 2022 11:50 PM
To: Lisa Hilton
Subject: RE: Coastal permit for 6734 Zumirez Drive
Hi Lisa,
Thank you for your comment and sorry for the late response on this. I am looking into the view corridor issue and will get back to you soon.

Part of the review is assessing for impacts to protected views from Primary View Determinations of nearby residences.

The proposed project is not anticipated to obstruct any of these privately protected views.

Zumirez Drive is not a scenic road as indicated in the City’s Local Coastal Program, and as such, it has not traditionally been subject to the City’s view corridor requirements. Never the less, I am ensuring that view corridor requirements do not apply to this project.

I will be in touch soon with a final determination but please feel free to reach out if you have any other questions.

Thank you,
Tyler Eaton
Associate Planner | City of Malibu
23825 Stuart Ranch Road, Malibu CA, 90265
Office: 310-456-2489 Ext. 273
Mobile: 424-422-8365
Malibucity.org/planning
From: Lisa Hilton
Sent: Wednesday, June 29, 2022 8:22 PM
To: Tyler Eaton <[email protected]>
Subject: Fwd: Coastal permit for 6734 Zumirez Drive
Hello Tyler Eaton/Malibu City Planning,
I have notified the owner of this property twice that their home and trees are obstructing on coastal views. Now that the story poles are up it is easy to see that the sunrise and ocean view will be 100% blocked. The homeowner could easily situate the home off on the left side and still have an amazing view and still keep a view corridor on the right side for others.

Although this view is from my property, it would also affect other homes near by. This is a popular walking street too, so anyone walking would also have the view blocked.

Thank you for considering this,
148
ATTACHMENT 4
2 Sincerely,
Lisa Hilton
6725 Zumirez Drive
149
3 150
4 151
1 Tyler Eaton
From: Tyler Eaton
Sent: Friday, July 8, 2022 10:35 AM
To: Lisa Hilton
Subject: RE: Coastal permit for 6734 Zumirez Drive
Hi Lisa,
Private properties with a Primary View Determination (PVD) registered with the City are usually more protected, especially against vegetation. We also try to protect public views to the maximum extent feasible. I did check for homes nearby with a PVD and none look to be affected by the proposed development. The project will be conditioned to maintain vegetation heights and much of the existing vegetation in the middle of the property is being removed or mitigated which could improve visual conditions.

You definitely have a say in the matter and I will share your correspondence with the Planning Commission, who makes the ultimate decision on the proposed development. You can also attend the Planning Commission meeting if you would like to speak. This item is scheduled for the August 1 meeting and will be held at 6:30pm.

I am still looking into the view corridor issue.

Tyler
From: Lisa Hilton
Sent: Thursday, July 7, 2022 11:42 AM
To: Tyler Eaton <[email protected]>
Subject: Re: Coastal permit for 6734 Zumirez Drive
Thank you Tyler for your response.

So I understand that you are saying that only some properties have protected view rights, and our property and our neighbors don’t have those rights on this project and we have no say if someone blocks a view with tall trees/home/garage or wall?
My understanding was that in Malibu you can’t block another neighbors view completely, but that’s more just a “good neighbor” concept? It does seem that a view corridor could be created and still allow for a fab home, landscaping and an exterior wall. It would be unfortunate to loose the sunrise Tyler.

Thank you for checking on this.

Sincerely,
Lisa
On Jun 29, 2022, at 8:22 PM, Lisa Hilton wrote:
152
2 Hello Tyler Eaton/Malibu City Planning,
I have notified the owner of this property twice that their home and trees are obstructing on coastal views. Now that the story poles are up it is easy to see that the sunrise and ocean view will be 100% blocked. The homeowner could easily situate the home off on the left side and still have an amazing view and still keep a view corridor on the right side for others.

Although this view is from my property, it would also affect other homes near by. This is a popular walking street too, so anyone walking would also have the view blocked.

Thank you for considering this,
Sincerely,
Lisa Hilton
<Neighbor's story poles show view will be blocked as well as trees blocking our view 9:21:22.jpeg><IMG_7559.jpeg>
153
1 Tyler Eaton
From: eric zicklin
Sent: Wednesday, July 20, 2022 10:59 AM
To: Tyler Eaton
Subject: Re: 6734 Zumirez Dr. (4466-002-001)
Hi Tyler,
I just learned that the structure in our view will have a HOT TUB ON THE ROOF. This means that the top of the current story poles represent merely the FLOOR of the deck that will occupy that roof.

Is this within the city’s rules vis a vis the view corridor? It certainly changes the exposure my house has to that structure when there’s a hot tub on the roof.

I’m now more concerned than my earlier email indicated.

Thank you for your consideration, I hope to hear from you soon, Eric
On Tue, Jul 19, 2022 at 4:40 PM eric zicklin wrote:

Thank you for your response.

It’s actually not the oversized height that’s in our view, but rather the proposed single‐story structure at the property’s southeastern edge (nearest to Paradise Cove) that is now — with story poles and orange tape — highly visible inside our living room and out on our deck.

No vegetation obscures it and I fear that new vegetation will block more of our view.

An entire side of the proposed structure (the wall that would, if built, face Paradise Cove) is in our view and will be prominent if built as indicated by those poles and orange tape. It’s unclear if there will be windows which look at our deck and vice versa, but that would also be objectionable to me.

I’ll attach a photo here, please zoom to the right…. And then let me know what you think? Thank you, I hope to hear from you soon,
Eric Zicklin
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2 155
3 On Tue, Jul 19, 2022 at 2:07 PM Tyler Eaton <[email protected]> wrote:

Hi Eric,

Thanks for bringing this to our attention. I see you have a primary view determination on file with the City. While reviewing, I could not tell if the proposed additions at 6734 Zumirez will impact the PVD photos. It looked like existing vegetation might block the development from view.

We try to preserve your protected views to the maximum extent feasible. They are allowed to build up to 18 feet on their property but some of their development is proposed to be up to 24 feet tall. If the portions above 24 feet are impacting your view then I will try to work with the applicant to redesign those portions.

Are there any pictures you can send to me?

Thanks,

Tyler Eaton
Associate Planner | City of Malibu
23825 Stuart Ranch Road, Malibu CA, 90265
Office: 310-456-2489 Ext. 273
Mobile: 424-422-8365
//Malibucity.org/planning

From: eric zicklin
Sent: Thursday, July 14, 2022 9:01 PM
To: Tyler Eaton <[email protected]>
Subject: 6734 Zumirez Dr. (4466‐002‐001)
156
4 Hello Tyler Eaton,
I received in the mail a notice of public hearing about the development of 6734 Zumirez Dr., Malibu.

Unfortunately, the view from my living room and its deck at now include the story poles of 6734 Zumirez Dr, blocking a part of our view of the ocean and hillside.

Can you help me understand the rules or regulations about problems like this? I’m not eager to slow my neighbor’s work, but I am eager to learn the rules.

I hope you can help me, or direct me to someone who can.

Thank you,
Eric Zicklin

157
1 Planning Commission
From: Zicklin Family < >
Sent: Monday, September 12, 2022 1:53 PM
To: Planning Commission
Subject: Objection to 6734 Zumirez
Attachments: 6734 Zumirez - Planning Commission.pdf
Hello Rebecca — I’m sending you an objection to the real estate development at 6734 Zumirez. Please share it with the planning commission. Thank you for all your time and attention, Eric Zicklin 158
We, the owners and full-time residents of Zumirez Dr.

Malibu CA, on September 12, 2022, would like to voice our objection to the proposed real estate development at 6734 Zumirez Dr.

We are filing this after some reluctance, as we built a house on this street from 2007-09 and therefore understand how difficult it is to create a home that follows the regulations and the norms of Malibu and its residents. We never wanted to present more challenges for the developers of 6734 Zumirez, but here are the specific reasons we feel compelled to speak up: privacy impact, light and noise pollution, misleading story poles, view impact, and bluff integrity that is threatened by the location of the proposed pool and guest house.

1) PRIVACY IMPACT
Half of our living room will be in direct sight from the proposed guest house at 6734 Zumirez, impacting our privacy.

On the large flat parcel that is 6734 Zumirez Drive, we don’t understand why the proposed guest house can't fit anywhere except in our view? No structure has ever existed at the proposed location in the twenty-three years we’ve lived at this address.
159
Everything in our living room to the left of the red line will be easily seen by occupants and guests of 6734 Zumirez Drive.

This intrusion is doubled by the developers' plans for their guest house roof...
2) MISLEADING STORY POLES
The guest house at 6734 Zumirez is designed to include a hot tub on the roof.

If built as designed, the residents of 6734 Zumirez will be free to gather on that roof, with guests, day and night whenever they like. As far as we know they’ll be free to hang lights on that roof, rig a sound system, install umbrellas, a jumbo video screen, etc.

Therefore, the roof of the proposed guest house is in fact the floor of another living space, at a higher perch than the current story poles. How much higher? Who knows, because the scope of what will be installed on top of the proposed guest house — umbrellas, thatched roof, speaker stands, lighting poles, video 160
screens — is unknown and unacknowledged by story poles that end right where the 6734 Zumirez hot tub party begins.

Additionally, whatever landscaping or screening gets
proposed for the guest-house-roof will further obstruct our views.

Here's a photo of the proposed guest house, taken from our living room. Now imagine a bright loud party ON TOP OF THE STORY POLES, because that's what we'll be facing.
161
3) LIGHT AND SOUND POLLUTION
The hot tub on the roof of the guest house of 6734 Zumirez will surely include lights both inside and around the tub, which will be seen by everyone from the Zumirez bluff to the Paradise Cove bluff. The lights and sounds will carry across the wideopen gulley in between (which is an ESHA) and impact the wildlife from frogs to birds.
4) VIEW IMPACT
Our ocean view will also be impacted:
162
5) BLUFF INTEGRITY
We’re not soil experts, and we defer to those who
are. Simultaneously, we're obliged to express our strong concern as people who've lived along this bluff since 1999: The proposed guest house and the proposed swimming pool
structure at 6734 Zumirez appear to be much closer to the bluff’s edge than any other structure in that area. We want to know that setbacks from the ESHA, the bluff, and the slope are being respected. Stability of that area does not look strong, and the swimming pool structure on the bluff's rim looks huge and, when filled with water, quite heavy. Can the hillside hold it all? Like most of the community, we care about the fragile ESHA that is so close to our home and we hope to see it remain intact even as nearby real estate is responsibly developed.

CONCLUSION:

We respectfully ask that the guest house of 6734 Zumirez Drive be relocated to where it's not in the view of 6716 Zumirez, and that the entire project move safely away from the bluff and ESHA on the property's southeastern edge.

The 6734 parcel is large and flat; pushing so much of the development onto one edge of the property where it encroaches on an ESHA and blocks other people's views doesn't seem like a wise or neighborly plan.

Thank you for your attention to this matter, and for your service to Malibu,

Dottie and Eric Zicklin
Owners and Full-Time Residents of Zumirez Dr.
163
1 Tyler Eaton
From: Ryan Levis
Sent: Wednesday, July 20, 2022 9:03 AM
To: Tyler Eaton; Kraig Hill; John Mazza; Dennis Smith; Jeffrey D Jennings; Mark Wetton Cc: Scott Halley; Howard M. Bernstein
Subject: From Ryan Levis Architect Re CDP 20-068 - 6734 Zumirez Dr.

Dear Tyler Eaton & City of Malibu Planning Commission Members, We hope you are all well and thank you in advance for your attention to this email.

We represent the owner of 6728 Zumirez Dr.

We are in receipt of the Notice of Public Hearing (photo attached) for the subject CDP application and are witness to the story poles that are erected on the subject site, the neighbor to the south, at 6734 Zumirez Dr. (photos attached).

As you can see by the photos, the proposed new construction at 6734 Zumirez Dr., as represented by the story poles, blocks the significant and scenic bluewater views from the main living area presently enjoyed by the homeowner at 6728 Zumirez Dr.

It would appear that not only are the maximum 18' high sections of the building in violation but so are the higher sections.

We are kindly requesting your presence at the 6728 Zumirez Dr. property to review this condition.

Please let me know if there is any mutually convenient time (or times) to coordinate this so we may notify the owner and possibly meet you there as well.

We look forward to hearing from you.

Thank you and best regards,
Ryan

Ryan Levis AIA
Ryan Levis Architect Inc.

Architecture, Planning, Interiors, Project Management

This email is intended for the sole use of the individual(s) and entity(s) to whom it is addressed, and may contain information that is privileged and confidential. Use, disclosure, distribution or duplication of the contents of this email by any person who is not the intended recipient is strictly prohibited. If your receipt of this email is in error, please notify us immediately, disregard the contents and delete any attachments you may have downloaded. Thank you.
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Ryan Levis
Date: Tue, Jul 19, 2022 at 10:21 AM
Subject: Re CDP 20‐068 ‐ 6734 Zumirez Dr.

To: Tyler Eaton <[email protected]>
Cc: Scott Halley
Good morning Tyler,
I represent the owners at .
164
2 I went to the City yesterday and filed a public records request to see the plans associated with the subject CDP application. I was told the records could take as much as two weeks to retrieve. This is too long because according to the notice, the project will be heard at the Monday August 1st Planning Commission hearing. As a first request, would you be able to pull the records and meet with me sometime soon to review them? Regardless, as you can see by the attached pictures, my client’s scenic blue water views from their main living area are affected by the proposed construction as noted by the story poles.

In addition to meeting regarding the drawings, could we please meet at the site of my client at to see this in person?
I appreciate your time and attention to this matter and look forward to hearing from you very soon.

Thank you,
Ryan
165
3 166
4 167
5 168
6 ‐‐

Ryan Levis AIA
Ryan Levis Architect Inc.

Architecture, Planning, Interiors, Project Management

RYAN LEVIS ARCHITECT, INC.

* Architecture, Planning, Interiors, Project Management * R
L
A
Date: January 31, 2023 (revision 1)

VIA EMAIL
Attn: City of Malibu
Planning Department
Richard Mollica, Planning Director
Tyler Eaton, Case Planner
From: Howard Bernstein Bypass Trust Residence
Re: CDP 20-068
6734 Zumirez Dr.

Malibu, CA
90265
Dear Richard, Tyler, and whom it may concern,
We submit this letter on behalf of our aggrieved clients, the 50+ year owners of 6728 Zumirez Dr. who’s ‘visually impressive view of the Pacific Ocean’* from their primary living area will be severely impacted by the proposed new residence next door to the south as evidenced by the installed story poles of Coastal Development Permit application 20-068.

Please see attached exhibits A,B,C,&D. Please note, the position of the photo in the exhibits is the same as that of a Primary View Determination PVD 23-001 that was recently recorded.

While we recognize the Malibu Municipal Code section 17.40.040 (17), the proposed new residence massing blocks almost 50% of our clients current visually impressive view of the Pacific Ocean.

We find this amount of blockage to be an egregious violation of our clients long standing view of the Pacific Ocean and request the current proposed building massing and siting of CDP 20-068 be seriously considered by the Planning Department to be rejected, in its current form, as not suitable to go before the Planning Commission on this basis.

At approximately 450+/- feet from Zumirez Dr. to the bluff side end of the proposed development, the 6734 Zumirez property is a very long lot and it would not be a hardship to ask the applicant to shift their proposed development back 25 or 35 feet. Please see attached exhibits E,F,G,H,I,&J reflecting the current Neighborhood Standard condition of bluff side building projections, the proposed development, as well as diagrams of proposed 25 and 35 foot shifts. 170

Page 2 of 2 ends

Further, said analysis of Neighborhood Standards for the current seaward/eastward projection of the existing homes north and south of the proposed project along the coastal bluff show that the proposed new development is extending well beyond this historical line.

We are of the opinion the proposed new development should respect this current Neighborhood Standard.

Please see attached exhibits E & F.

We feel it can be demonstrated that the proposed project of CDP 20-068 can be set back enough from its proposed location so as to not severely impact our clients visually impressive view of the Pacific Ocean while at the same time not materially affecting their own enjoyment of the same visually impressive Ocean view.

We thank you kindly for your time and consideration.

Please do not hesitate to contact me regarding this matter.

Thank you,
Ryan James Levis A.I.A.

Principal RYAN LEVIS ARCHITECT INC.

California Architect’s Board license # C34330
* In quotes and italicized as this wording is directly from the Malibu Municipal Code section 17.40.040 (17) 171
GSPublisherVersion 0.0.100.75
Ph. (808) 268-8475
E: [email protected] C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
RLA
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001 STORY POLE #20 AND #21 APPEAR TO BE MISSING ONSITE

STORY POLE PLAN

EXHIBIT
A
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Ph. (808) 268-8475
E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
L
A
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
STORY POLE #20 AND #21

APPEAR TO BE MISSING
3D DIAGRAM STORY POLE OVERLAY

EXHIBIT B

EXISTING CONDITION STORY POLES
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E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
L
A
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001

STORY POLE MASSING OVERLAY

EXHIBIT C

EXISTING CONDITION STORY POLES
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E: [email protected] C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
RLA
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
3D MASSING STUDY

EXHIBIT
D

EXISTING CONDITION STORY POLES
175
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E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
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6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001

PRIMARY VIEW DIRECTION

NEIGHBORHOOD STANDARD SETBACK

NEIGHBORHOOD STANDARDS EXISTING CONDITION

EXHIBIT E
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E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
L
A
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
450'

PRIMARY VIEW DIRECTION

NEIGHBORHOOD STANDARD SETBACK

NEIGHBORHOOD STANDARDS EXISTING CONDITION

WITH PROPOSED DEVELOPMENT OVERLAY

EXHIBIT F
177
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Ph. (808) 268-8475
E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
L
A
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
415'

PRIMARY VIEW DIRECTION

NEIGHBORHOOD STANDARD SETBACK

NEIGHBORHOOD STANDARDS EXISTING CONDITION
WITH PROPOSED DEVELOPMENT AT 35' SETBACK

FROM PROPOSED DEVELOPMENT OVERLAY

EXHIBIT G
178
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Ph. (808) 268-8475
E: [email protected] C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
RLA
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
3D MASSING STUDY
35 FEET SHIFT

EXHIBIT
H

EXISTING CONDITION STORY POLES
179
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E: [email protected]
C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
R
L
A
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
425

PRIMARY VIEW DIRECTION

NEIGHBORHOOD STANDARD SETBACK

NEIGHBORHOOD STANDARDS EXISTING CONDITION
WITH PROPOSED DEVELOPMENT AT 25' SETBACK

FROM PROPOSED DEVELOPMENT OVERLAY

EXHIBIT I
180
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Ph. (808) 268-8475
E: [email protected] C 2023 Ryan Levis Architect, Inc.

Ryan Levis
Architect
RLA
6734 ZUMIREZ
DRIVE, Malibu, CA
APN: 4466-002-001
3D MASSING STUDY
25 FEET SHIFT

EXHIBIT
J

EXISTING CONDITION STORY POLES
181
1 Tyler Eaton
From: jaime harnish
Sent: Thursday, February 16, 2023 6:11 PM
To: Tyler Eaton; Eric Zicklin; Janet Friesen; scott halley Subject: Fwd: Zumirez
Sent from my iPhone
Begin forwarded message:

From: jaime harnish
Date: February 16, 2023 at 6:08:28 PM PST
Subject: Zumirez

Please see the proposed house from the public beach.
182
2 Please see the perennial stream wit riparian habitat. 183
3 184
4 185
5 186
6 Sent from my iPhone
187
ATTACHMENT 5
188
1 City of Malibu
23825 Stuart Ranch Rd, Malibu, California 90265-4861
(310) 456-2489 FAX (310) 456-7650 www.malibucity.org

PLANNING DEPARTMENT

PRIMARY VIEW DETERMINATION
Primary View Determination: 6716 Zumirez Drive – Eric and Dorothy Zicklin On January 22, 2013, staff conducted a primary view determination at 6716 Zumirez Drive .

Staff documented the primary view standing on an outdoor deck, located within ten feet of the exterior wall of the living room, a location chosen by the property owner. The location of the primary view determination photographs were taken from is denoted by a red star in the aerial below.

On January 22, 2013, the view from this location on the property is as follows, from north to south:

ATTACHMENT 6
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3 191
4 192
1 City of Malibu
23825 Stuart Ranch Rd. ∙ Malibu, California ∙ 90265-4816 Phone (310) 456-2489 ∙ Fax (310) 456-7650 ∙ www.malibucity.org

PLANNING DEPARTMENT

PRIMARY VIEW DETERMINATION
Primary View Determination: 6728 Zumirez Drive – Penn Family Trust On December 14, 2022, staff conducted a primary view determination at 6728 Zumirez Drive.

Pursuant to Malibu Municipal Code Section 17.45.050, staff captured the primary view on the patio abutting the living room of the single-family residence, facing southeast, a location chosen by the property owner. The property and recorded view is denoted in the neighborhood map (Exhibit1) below.

Exhibit 1: Neighborhood map showing 6728 Zumirez Drive and recorded view. (Source:

City of Malibu GIS, 2023)
ATTACHMENT 7
193
2 A total of five photographs were captured in sequence from the northeast to the southwest. The nature of the view determination consisted of blue water views of the Pacific Ocean and concern over proposed development at 6734 Zumirez Drive that may block those views. The specific location of the view determination was on the patio abutting the living room, a primary living area. The photos were taken ten feet in front of the living room patio doors at an elevation of five feet. A detailed key map showing the specific location where the view was observed, the 180 degree view axis, and corresponding views are denoted in Exhibit 2 below.

Exhibit 2: Detailed Key Map of the Primary View Determination; 6728 Zumirez Drive (Source:

City of Malibu GIS, 2023)
1 2
3 4
5 194
3 The five photos that combine to reflect the property’s primary view, are provided below.

View 1 –Looking Northeast.

View 2 – Looking East.
195
4 View 3 – Looking Southeast.

View 4 – Looking South.
196
5 View 5 – Looking Southwest.
197
6 View 6 – Photos taken ten feet from the patio doors of the main viewing area (living room).

View 7 – Photos taken five feet from the patio floor.
198
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu Planning Commission will hold public hearings on TUESDAY, February 21, 2023, at 6:30 p.m. on the projects identified below. 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 Safer at Home Order. All votes taken during this teleconference meeting will be by roll call vote, and the vote will be publicly reported.

COASTAL DEVELOPMENT PERMIT NO. 20-068, SITE PLAN REVIEW NO. 21-009, AND DEMOLITION PERMIT NO. 20-028 - An application for the demolition of the existing single-family residence, construction of a new 6,284 square foot single-family residence, basement, 510 square foot attached and 462 square foot detached garage, 471 square foot second unit, pool and spa, cabana, onsite wastewater treatment system and associated development, and a site plan review for construction up to 24 feet in height to allow for a flat roof LOCATION / APN / ZONING: 6734 Zumirez Dr / 4466-002-001 / Rural Residential-One Acre (RR-1) APPLICANT / OWNER(S): Schmitz and Associates, Inc. / IBN Properties, LLC APPEALABLE TO: City Council and California Coastal Commission ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Sections 15303(a) and 15303(e) APPLICATION FILED: December 29, 2020
CASE PLANNER: Tyler Eaton, Senior Planner, [email protected] (310) 456-2489, ext. 273
For the project identified above with a categorical exemption for environmental review, pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Director has analyzed this proposed project and found that this is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA. The Planning Director has further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

A written staff report will be available at or before the hearing for the projects. All persons wishing to address the Commission regarding these matters will be afforded an opportunity in accordance with the Commission’s procedures.

LOCAL APPEAL – A decision of the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within ten days following the date of action (15 days for tentative maps) for which the appeal is made and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org/planningforms or in person at City Hall, or by calling (310) 456-2489, extension 245.

COASTAL COMMISSION APPEAL – For projects appealable to the Coastal Commission, an aggrieved person may appeal the Planning Commission’s approval to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. Appeal forms may be found online at www.coastal.ca.gov or in person at the Coastal Commission South Central Coast District office located at 89 South California Street in Ventura, or by calling 805-585-1800. Such an appeal must be filed with the Coastal Commission, not the City.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE

PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

RICHARD MOLLICA, Planning Director Date: January 26, 2023 ATTACHMENT 8
199
1 Rebecca Evans
From: Tyler Eaton
Sent: Monday, March 6, 2023 9:23 AM
To: Rebecca Evans
Subject: FW: Objecting to Home at 6734 Zumirez
Another for 4B
From: Paul Taublieb <[email protected]>
Sent: Sunday, March 5, 2023 7:44 PM
To: Tyler Eaton <[email protected]>; Richard Mollica <[email protected]> Cc:

Subject: Objecting to Home at 6734 Zumirez
Dear Tyler and Richard,
Having viewed the story poles at 6734 Zumirez Drive I would like to express my objection on my behalf, and those of my neighbors, here on Zumirez Drive, to this proposed construction. I live nearby at Zumirez and believe this building will set a horrible precedent for the neighborhood. In addition, building out on top of the ravine and that requires massive moving of dirt and extensive fuel modification in that area will also have a negative impact on what is a sensitive habitat.

Please do not approve the project as proposed and indicated by the story poles - they are up for this exact reason and clearly indicate this home should not be built as-is.

Paul Taublieb & Susan Cooper
Zumirez Drive
Paul Taublieb
TAUBLIEB FILMS/Media-X International, Inc.
[email protected]
310-589-3837 O
C
www.taubliebfilms.com
www.vimeo.com/taubliebfilms

EXHIBIT C
200
From: Planning Commission
To: Jason Ernst
Subject: Fw: Public Comment 3/6/23 Mtg - Agenda 4B - 6734 Zumirez Dr New Development OPPOSITION Date: Tuesday, March 7, 2023 4:30:52 PM
From: Planning Commission <[email protected]> Sent: Monday, March 6, 2023 5:10 PM
Subject: FW: Public Comment 3/6/23 Mtg - Agenda 4B - 6734 Zumirez Dr New Development

OPPOSITION
From: Mari Stanley <
Sent: Monday, March 6, 2023 3:28 PM
To: Planning Commission <[email protected]> Subject: Fw: Public Comment 3/6/23 Mtg - Agenda 4B - 6734 Zumirez Dr New Development

OPPOSITION
I forgot what the width of our street is but I well remember that it is the most narrow in relation to the number of homes on the street. Could Planning Mgr or staff member clarify that this evening please? There may be a few other narrow lanes or gated streets such as in gated complexes but none other have the access to the beach that is critical to maintaining a clear thoroughfare for emergency response vehicles at all times, all hours.

Thank you!
Mari Stanley
----- Forwarded Message -----
From: Mari Stanley <
To: Janet Friesen <
Sent: Monday, March 6, 2023 at 03:23:44 PM PST
Subject: Fw: Public Comment 3/6/23 Mtg - Agenda 4B - 6734 Zumirez Dr New Development

OPPOSITION
FYI but of course I had hours stolen to have added my own avg size of residence to strengthen my Neighborhood Character claim. They have to know that it's the most narrow street but I think I'll have to send a follow up to ask them to clarify it with Planning staff...

Mari
----- Forwarded Message -----
From: Mari Stanley <
To: Planning Commission <[email protected]> Sent: Monday, March 6, 2023 at 03:18:01 PM PST
Subject: Public Comment 3/6/23 Mtg - Agenda 4B - 6734 Zumirez Dr New Development OPPOSITION 201
Dear Commissioners,
I want to strongly stress the danger of our street in width and in particular with the frontage area of this proposal and surrounding area. Zumirez is a No Parking street in entirety with clear signage displayed, the development is not only large scale it must fully accommodate visitor and service visits fully within it's own property or seek parking arrangements off site and off street elsewhere DURING CONSTRUCTION as well as after completion of any approved permits that may be achieved. The 6734 property cannot have parking on Zumirez Dr. in the vicinity of the project, period. The location is on a curve that creates visual issues for traffic flow and any parking of vehicles that bring workers, site mgr's or architects and supporting overseers would severely clog the street creating extreme safety disadvantages. It also sits close to the beach gate entrance which serves the residents as a privately owned lot and in that manner we provide access to Emergency Service vehicles as a public service to the community and envelope the California Wildlife Rescue services up to Pt Dume Headlands. We cannot tolerate any potential blocking of the street that would occur if parking is not addressed this evening and made a condition of any permit approvals. I will not tolerate individual development rights to ride over the Public Safety rights of others including visitors that access the sand from Paradise Cove or the marine mammals and other wildlife that are protected by law. This does have precedence given the enforcement actions taken against another development a few driveways from 6734 at which time a very limited few city issued temporary parking permits were allowed for one side of the street only.

All other parking was sourced off Zumirez with transportation provided by developer. Given that 6734 sits squarely on the curve, I ask that there should be zero parking on the street to preserve Public Safety at a maximum. We have other properties on our street in the process of planning and we cannot have our street become a place with no ingress or egress during working hours. I am very protective of our neighbors to the beach side as many well know, original homeowners and former school Principle who is unable to speak on this matter so I will be speaking for him and his lovely wife - they must have the right of public access for emergency vehicles given the length of time of the anticipated construction eating away at their remaining years left on Earth. I've notified them and their extended family that I will do all that I can to insure their safety and I hold the Planning Commission responsible if this is not taken into consideration this evening. All of us on Zumirez will be impacted by the construction noise and dirt although it's the Merriman's peace of mind that I am most concerned for and seek for them to be respected by the current owners of 6734 with full acceptance of my request to require all construction vehicles and deliveries done on site or to arrange for an off site area to minimize the impact of noise, dust, fumes and rumbling of engines for the hearing issues of Mr. Merriman (his hearing loss enhanced his other senses, heightening sound wave impacts) and Mrs. Merriman's own age related issues. These people are true 202
treasures of Malibu, please ensure that the developers treat them with full respect so that we can continue to enjoy seeing them out on the street to enjoy their day or visit neighbors.

I'll also bring up the fact that the house currently sited on 6734 is one of the smaller residences on the street and the home being proposed will fundamentally alter the current Neighborhood Character - going from one of the smallest to arguably one of the largest yet it is not in line with the other properties given the lot size. I'm removing the bluff top properties from this assessment given that the construction of 6830 was presented as a measurement in line with other nearby blufftop properties and residents well remember the city's embrace of the arguments poised by those land planning consultants that achieved the gains sought. I do not see the 6734 site as a bluff top property definition and yet it seems to be trying hard to grow into a bluff top property by it's commanding presence as the far edge of the property that will create light pollution into the gully and across to the residents of Paradise Cove MHP as well as immediate neighboring properties. The height alone makes the proposal a daunting facade and will be easily visible from the sand which may be a safety hazard to the owners given the ease of access through the vegetation to the back of the property and thereby endangering all of the other properties along the back side of Zumirez facing eastward. I prefer that our neighbor properties safety be better protected with a less obtrusive and 'inviting' presence, specifically seeing that the second story will be a deck affording everyone noise and act as a potential attractive nuisance with the Summer crowds that we've been dealing with in past years.

I now want to speak in support of our neighbors that are opposing this project for very good reasons, height/noise/light pollution/setbacks. Both my husband and I stand firmly with the Zicklins, the Penn's, the Friesen's and now I understand the Hilton's also have been vocal of their concerns.

We add our voices to them all and specifically Ms. Friesen given the way the project before you will be looking directly into the Friesen home and backyard - looming over it actually. Their backyard would become an open theater of sorts with all actions normally afforded a family residence on full display. The noise from the rooftop deck will literally fall on the roof and into the yard from simple daily life to say nothing of having any company or a party held at 6734. The Penn property suffered the loss of the matron and that should not be translated to a reduced ownership or reduced rights, I am hopeful that there will be a strong representation this evening and if not we'll just grow more support on the street in memory of Eileen and Leo if/when the project appears before Council. It appears to be designed to take a lot from from neighbors to enrich the one property and that cannot be allowed to proceed without adding my concerns for the people that I call 'chosen family' for the years of coming together in fires, storms, road closures and for all the good times that we've enjoyed - thankfully more of the good stuff than the OMG stuff. This project before 203
you tonight fits more into the OMG category in my view. The development is an obvious flip project as the owners are said to have fully admitted, can't help myself as I don't think a project should be built that consumes all of the available building space and leaves no future owner any room to personalize their home to their tastes. People don't consume alcohol as much as they used to, that wine cellar may be a negative aspect more than an amenity to future buyers...just one aspect of my judging the layout and sneer at the obvious grasping of profits with no qualms as to who is devoured in the consumption of wonderful land that has been kindly treated for generations. We consider ourselves very fortunate to have known the previous owners or two generations of that lovely family.

Beautiful people that helped to shape Malibu, it's sad that someone seeks to unravel all of the good faith that has been rooted in the lot for profits - the prostitution of Malibu is one ugly business.

When will we see better controls of development and the variances that are sought? I think the pushing-the-maximum-to-see-what-theycan-win-mentality is worth sneering at and I ask that all planners involved, planning dept supervisors, manager as well as administrative management at City Hall begin to capture and analyze the estimated costs of city labor in researching the variances and presenting them for review by outside agencies (more public monies consumed!) and Planning Commissioners (free labor but valuable time invested in the community by strong individuals who embrace our Mission AND Vision Statement) - we're being used and we should not take it lying down anymore. Reducing costs is paramount to insure that all of us receive the maximum Public Benefit for the expenditure of Public Funds, far more important to the City's health than to suffer our city staff having to cater to developers and hired land use consultants 'wish lists'! I believe that the burn out that is said to be impacting our planners is in large part for feeling like they are doing worthless work they can't even support but there it is because some are playing with our codes and our staff like game pieces.

Thank you for your time this evening and for all of the hours spent reviewing the agenda items this evening,
Mari Stanley
6XXX Zumirez Dr. (opposite of 6734 - I mourn the potential loss of the small view corridor that we have to check weather and road conditions down coast)
204
From: Planning Commission
To: Jason Ernst
Subject: Fw: 6734 Zumirez Road—Coastal Development Permit No. 20-068 [JMBM-LA.82538.0001] Date: Tuesday, March 7, 2023 4:37:49 PM
Attachments: image001.png
From: Matt Hinks <[email protected]>
Sent: Monday, March 6, 2023 5:10 PM
To: Planning Commission <[email protected]> Subject: RE: 6734 Zumirez Road—Coastal Development Permit No. 20-068 [JMBM-LA.82538.0001] Thank you Rebecca.

From: Planning Commission <[email protected]> Sent: Monday, March 6, 2023 5:10 PM
To: Matt Hinks <[email protected]>
Subject: RE: 6734 Zumirez Road—Coastal Development Permit No. 20-068 [JMBM-LA.82538.0001] Matt,
Your correspondence has been forwarded to the Commissioners for their consideration.

Rebecca Evans, Recording Secretary
From: Matt Hinks <[email protected]>
Sent: Monday, March 6, 2023 4:33 PM
To: Planning Commission <[email protected]> Cc: Tyler Eaton <[email protected]>
Subject: 6734 Zumirez Road—Coastal Development Permit No. 20-068 [JMBM-LA.82538.0001] Dear Planning Commission Staff and Mr. Eaton—
Please see attached correspondence on Item 4B (6734 Zumirez Drive/Coastal Development Permit No. 20-068) for tonight’s Planning Commission meeting. Please also forward this submission to the Planning Commissioners.

Thank you,
Matthew D. Hinks | Partner
Jeffer Mangels Butler & Mitchell LLP | JMBM
1900 Avenue of the Stars, 7th Floor, Los Angeles, California 90067 D: (310) 201-3558 | F: (310) 203-0567
VCARD | BIO | BLOG | LINKEDIN
205
This e-mail message and any attachments are confidential and may be attorney-client privileged. Dissemination, distribution or copying of this message or attachments without proper authorization is strictly prohibited. If you are not the intended recipient, please notify JMBM immediately by telephone or by e-mail, and permanently delete the original, and destroy all copies, of this message and all attachments. For further information, please visit JMBM.com 206

71080984v2
A Limited Liability Law Partnership Including Corporations / Los Angeles • San Francisco • Orange County Matthew D. Hinks
[email protected]
1900 Avenue of the Stars, 7th Floor
Los Angeles, California 90067-4308
(310) 203-8080 (310) 203-0567 Fax
www.jmbm.com

March 6, 2023
VIA ELECTRONIC MAIL ([email protected]) City of Malibu Planning Commission
Hon. Dennis Robert Smith, Chair
Hon. John Mazza, Vice Chair
Hon. Kraig Hill
Hon. Jeffrey Jennings
Hon. Skylar Peak
City of Malibu
23825 Stuart Ranch Road
Malibu, California 90265
Re: 6734 Zumirez Road—Coastal Development Permit No. 20-068 Hearing Date: March 6, 2023
Time: 6:30 p.m.

Subject: Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (Continued from February 21, 2023)
Dear Chair Smith, Vice Chair Mozza, and Commissioners Hill, Jennings, and Peak:

This office is counsel to IBN Properties, Inc., the applicant for the development project located at 6734 Zumirez Road (the “Project”).

The Staff Report for the Project recommends approval because the Project is fully consistent with all applicable provisions of the Malibu Local Coastal Program and Malibu Municipal Code. We urge the Commission to support and adopt Staff’s well-reasoned and wellsupported recommendation. We write though to address a few issues that have been raised in recent days that are in need of clarifying.
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Views from Paradise Cove Beach are irrelevant.

First, the Staff Report states that “the site is visible from the beach” and concludes that the “proposed development would [not] have a significant visual impact from the beach.” (p. 6; see also p. 16 (“The subject property is visible from Paradise Cove Beach; however, the proposed single family residence will not significantly impact public views of the Pacific Ocean and is not anticipated to block views of the Santa Monica Mountains from the beach.”).

The Staff Report’s conclusion that the Project will not significantly impact views from the beach is correct. But the Staff Report is missing the bigger picture that the Commission should be aware of.

Because Paradise Cove Beach is a private beach, the only “public” areas are seaward of the mean high tide line—i.e., the ocean. However, the Coastal Act does not protect views of the coast from off-shore locations. Schneider v. California Coastal Comm’n, 140 Cal.

App. 4th 1339 (2006). Thus, whether or not the Project is visible from Paradise Cove Beach is immaterial and cannot not impact the Commission’s review of the Project.

Schneider involved a proposed single-family home in San Luis Obispo County.

The Coastal Commission approved a Coastal Development Permit. But because the “proposed development would be visible from the ocean,” the Commission imposed conditions requiring that proposed structures be sited at a higher elevation and clustered. Id. at 1342-43.

The Court of Appeal rejected the condition and directed the trial court to issue a writ of mandate commanding the Coastal Commission to set aside its decision and rehear the matter. Id. at 1342. The Court held that the Commission’s “expansive reading of the [Coastal Act] stretches the fabric too thin” and that “it is unreasonable to assume that the Legislature has ever sought to protect the occasional boater’s views of the coastline at the expense of a coastal landowner.” Id. at 1345. The Coastal Act contains no “unwritten policy to protect scenic views of the coast from offshore.” Id. at 1348 (emphasis supplied).

The City’s Land Use Plan (“LUP”) also supports this point. Under LUP section

6.2, places along public beaches are deemed to be public viewing areas and states that, “[t]he LUP Public Access Map shows public beach parks and other beach areas accessible to the public that serve as public viewing areas.” But Paradise Cove Beach is not mapped. The LUP thus does not consider it to be a public viewing area. What’s more, LUP policy 6.4 defines “scenic areas,” but specifically excludes “residential development inland of Birdview Avenue and Cliffside Drive on Point Dume.” Thus, the applicant’s property, by definition, is not a scenic area.

In short, Schneider remains good law and is binding authority in the State of California. Consequently, the Commission does not have authority under the Coastal Act or Local Coastal Program to consider views of the Property from the beach. 208
City of Malibu Planning Commission
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71080984v2
The Municipal Code does not regulate view impacts from structures below 18 feet.

Second, issues have been raised concerning the impacts of the proposed structures below 18 feet on blue water views. The Staff Report correctly observes that neither the Local Coastal Program nor the Malibu Municipal Code protects blue water views from portions of structures below 18 feet in height.

The Staff Report has it exactly right. Malibu Municipal Code section

17.40.040(A)(17) specifically excludes “the first eighteen (18) feet of the proposed building height as measured from the existing natural grade or finish grade whichever results in a lower building height” from primary view corridors. It is for that reason that Malibu Municipal Code section 17.62.060 exempts projects proposing structures 18 feet in height or less from site plan review.

While the Project proposes structures greater than 18 feet in height, no blue water views are impacted above the 18-foot level. What’s more, any partial blockages from structures below 18 feet in height may not be considered as doing so would be in direct contravention of the Municipal Code. See City and County of San Francisco v. Superior Court, 53 Cal. 2d 236, 250-51 (1959) (administrative officials may not take actions that are inconsistent with municipal ordinances); Land Waste Mgmt. v. Bd. of Supervisors, 222 Cal. App. 3d 950, 958 (1990) (land use permits must be consistent with zoning ordinances; inconsistencies are void and ultra vires).

The Project is plainly subject to a Class 3 Categorical Exemption.

Third, Frank Angel submitted a letter today taking issue with Staff’s determination that the Project is eligible for a categorical exemption under CEQA Guidelines § 15303(a) and (e). Mr. Angel is wrong. A Class 3 exemption under CEQA Guidelines § 15303(a) and (e) is available for, “[o]ne single-family residence, or a second dwelling unit in a residential zone” and “[a]ccessory (appurtenant) structures, including garages, carports, patios, swimming pools, and fences.”
Mr. Angel suggests that only “small” single-family residences are subject to the exemption, but he is incorrect. Single-family residences are among the class of “small structures” identified in CEQA Guidelines § 15303 as being subject to an exemption. But all single-family residences in residential zones are exempt. In fact, CEQA Guidelines § 15303(a) exempts up to three single-family residences in urbanized areas. In Berkeley Hillside Preservation v. City of Berkeley, 241 Cal.App.4th 943 (2015), for example, the Court of Appeal upheld a Class 3 exemption for a 6,478-square-foot house with an attached 3,394-square-foot 10-car garage—a development larger than the Project.

Thank you for your attention to these points.

209
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71080984v2
Very truly yours,
MATTHEW D. HINKS of
Jeffer Mangels Butler & Mitchell LLP
MDH:mh2
cc: Tyler Eaton
210
1 Rebecca Evans
From: jaime harnish >
Sent: Monday, March 6, 2023 9:01 AM
To: Rebecca Evans
Subject: Please submit
Thank You.

Sent from my iPhone
211
212
2 From: jaime harnish >
Sent: Friday, March 3, 2023 1:04 PM
To: Tyler Eaton <[email protected]>; ; Eric Zicklin < >; dottie zicklin >; Ryan Levis >; scott halley >
Subject: Re: 6734 Zumirez dr.

Hi Tyler, I understand from Don Schmidts that the has a letter submitted to the file from a neighbor who supports the project. Can you please send us a copy of that letter or email so we can see who it is and what address their property is at. I believe that it could be a neighbor friend who has no impact from the project. perhaps on the other side of the road. I believe this letter is of public record.

Thank You Tyler

JAIME HARNISH
P.O. BOX 6363
Malibu, CA. 90264
29178 Heathercliff rd.

Malibu, CA. 90265

From: Tyler Eaton <[email protected]>
Sent: Friday, February 10, 2023 11:12 AM
To: jaime harnish
Subject: Automatic reply: 6734 Zumirez dr.

Out of the office until Monday. Contact [email protected] for general inquiries.

Thank you,
Tyler Eaton
213
1 Planning Commission
From: Cooper Kass <[email protected]>
Sent: Monday, March 6, 2023 12:10 PM
To: Planning Commission; Tyler Eaton
Cc: Frank Angel; Lake McManus
Subject: Item 4B Janet Friesen/Angel Law Comment Letter Attachments: 2023-03-06 Malibu Planning Commission comment letter.pdf Dear Planning Commission Staff & Mr. Eaton,
On behalf of Janet Friesen, please see aƩached Angel Law’s comment leƩer on Item 4B (6734 Zumirez Drive/Coastal Development Permit No. 20‐068) for tonight’s Planning Commission meeƟng. Please also forward this submission to Dennis Robert Smith, John Mazza, Kraig Hill, and Jeffrey Jennings.

Thank you,
Cooper Kass
_______________
Cooper Kass, Esq. | Associate Attorney
Office: (310) 314-6433
Direct: (310) 314-6473
2601 Ocean Park Blvd., Suite 205, Santa Monica, CA 90405 Angel Law
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
214

A N G E L L AW
2 6 0 1 O c e a n P a r k B l v d . , S u i t e 2 0 5
S a n t a M o n i c a , C A 9 0 4 0 5 - 5 2 6 9
T e l : ( 3 1 0 ) 3 1 4 - 6433
a n g e l l a w . c o m
March 6, 2023
City of Malibu
Attn: Tyler Eaton, Senior Planner
City of Malibu Planning Commission
23825 Stuart Ranch Road
Malibu, California 90265
Via Email to [email protected]; [email protected] Re: Objections to Staff’s Recommended Approval of Coastal Development Permit No. 20-068 and CEQA Exemption for 6734 Zumirez Drive Project
Dear Planning Commissioners and Mr. Eaton:

On behalf of Janet Friesen, the immediate neighbor to the south of the project proposed at 6734 Zumirez Drive (Project), we object to approval of the Project as designed and sited, and we take issue with several conclusions made in the February 23, 2023 Commission Agenda Report (Staff Report), in regard to consistency with the Malibu Local Costal Program (MLCP) and the proposed categorical exemption from the California Environmental Quality Act. (CEQA; Pub. Resources Code, § 21000 et seq.) We request that the Planning Commission deny Coastal Development Permit No. 20-068 and the CEQA exemption. We request that the City prepare and circulate an initial study under CEQA, not the least to address the MLCP issues and environmental impacts specific to this blufftop development.

Coastal Bluff Determination
The MLCP’s Land Use Plan component (MLUP) requires new blufftop development to “be set back from the bluff edge a sufficient distance to ensure that it will not be endangered by erosion for a projected 100 year economic life of the structure plus an added geologic stability factor of 1.5.” (MLUP Policy 4.27.) The setback must not “be less than 100 feet which may be reduced to 50 feet if recommended by the City geologist and the 100 year economic life with the geologic safety factor 215
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 2 ends

can be met.” (Id.) Thus, in order to determine a new development’s required setback, the City must make a determination as to what the “bluff edge” is.

Importantly, as we brought to Mr. Eaton’s attention last month, the MLCP’s Local Implementation Plan (MLIP) provides a detailed definition of what constitutes a “bluff edge” in situations where a bluff’s termini are not clean cut: “Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet (500’) shall be the minimum length of bluff line or edge to be used in making these determinations.” (LIP, § 2.1.) The Staff Report does not acknowledge this definition, nor does it attempt to calculate the bluff edge relative to the subject property.

It is apparent from several pictures included in the Staff Report and looking up at the Project site from the beach below (at the mouth of an unnamed creek) that the site sits atop a bluff curve, part of the bluff directly facing the Pacific Ocean. (See Staff Report at pp. 140, 162, 165-166, 169-170.) The Staff Report dismisses this particular geomorphology in one sentence, stating: “Staff reviewed the project’s geotechnical reports and checked with City geotechnical consultant reviewers and determined that the area of concern, the eastern facing down-sloping portion of the property, is not considered either a coastal or canyon bluff and therefore the bluff setback does not apply.” (Staff Report at pp. 4-5.) However, the City of Malibu Geotechnical Review Sheet attached to the Staff Report (Staff Report at pp. 116-119), completed by Engineering Geology Reviewer Christopher Sexton and Geotechnical Engineering Reviewer Ali Abdel-Haq, does not even mention the word “bluff.” Further, the Staff Report does not provide what it refers to as “the project’s geotechnical reports” supposedly substantiating the “not-a-bluff” determination.

The Staff Report’s only specific reference to any geotechnical report is to one “prepared by Solid Soils & Geologic Consultants, dated August 4, 2020, January 28, 2021, March 26, 2021, and May 12, 2021,” and that reference only occurs in the Staff Report’s section on Hazards, which does not address the bluff determination as required by the MLCP. (Staff Report at p. 17.) There is simply nothing before the Commission, aside from the one conclusory sentence quoted above, to substantiate the “not-a-bluff” determination. The Staff Report concludes that “[f]or the reasons described in this report, including the project site, the scope of work and substantial evidence in the record,” LIP Chapter 10 (the Shoreline and Bluff Development Ordinance) is not applicable to the Project. What reasons? What substantial evidence? The record contains no MLCP-specific analysis, no explanatory graphics, and nothing in the way of Coastal Commission bluff determination guidance as to how this critical “not-a-bluff” determination was made. 216
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 3 ends

By making this unexplained determination, the Staff is allowing the Project to skirt the MLIP’s Chapter 10 Required Findings and Analysis (LIP, § 10.3) and Development Standards (LIP, §

10.4). This is an issue especially as concerns the site planning for the pool, pool deck, outdoor dining, outdoor lounge, jacuzzi and fire pit components of the Project, all potentially located in the bluff face descending to the creek, as shown on this excerpt from the project plans:
217
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 4 ends

Hillside Development Standards
The Staff Report downplays Mr. Jamie Harnish’s questions regarding the stream at the bottom of the subject property and the riparian habitat by citing the MLCP’s differential treatment of streams in the Point Dume area: “New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation…However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper.” (Staff Report at p. 6; LIP, § 4.6.1(A).) The Staff Report states: “The proposed project avoids 4 to 1 slopes or steeper, which is evident on the applicant’s stamped color-coded slope analysis and geology reports submitted for the project.” (Staff Report at p. 6.) As stated above, there are no geology reports before the Commission and the public. However, a one-page color-coded slope overlay, referred to as a slope “analysis,” is attached to the staff report. (Staff Report at p. 48.) It shows the Project in two colors: Yellow for areas flatter than 4:1, and Green for areas 4:1 and steeper.

But there is no actual analysis explaining how the two categories of gradients (4:1 slope and steeper; gentler than 4:1 slope) were determined and calculated. There is no slope worksheet.

There is no to-scale slope projection, i.e., cross-section showing the total slope area that was considered. There is no determination of the bluff or slope edge, i.e., the upper elevation of the onsite slope area. There is no specification of the horizontal distance (the run) between the contour lines. These omissions are highly problematic given that a substantial portion of the proposed development, including pool and pool deck areas, are sited in the slope below the 102’ elevation, down to the 90’ elevation. Looking at the contour lines on the project plans and the run from the 100’ index contour line or even the 102’ contour line to the lowest onsite elevation mapped, it appears that the onsite slope area has a gradient steeper than 25%, if not 30%.

Furthermore, the Staff Report ignores significant slope-related parts of Chapter 6 of the MLIP, a Chapter which admittedly is applicable to the project. (Staff Report at p. 9.) In its section entitled “Scenic, Visual and Hillside Resource Protection (MLIP Chapter 6),” the Staff Report fails to discuss the hillside at all. It states: “The Scenic, Visual and Hillside Resource Protection Chapter governs those coastal development permit applications concerning any parcel of land that is located along, provides views to or is visible from any scenic area, scenic road or public viewing area.” (Staff Report at pp. 16-17.) That’s part of it, but not the whole story of Chapter 6. The “Applicability” section of Chapter 6 states that “[t]he hillside development standards of this chapter shall apply to properties where the project site includes any area of slope over 20 percent.” (LIP, §

6.2.) By failing to identify, or rule out, Project areas with slopes over 20%, the Staff Report fails to address Chapter 6’s hillside development requirements.
218
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 5 ends

Scenic and Visual Resources Determination
The Staff Report admits that “[t]he subject parcel is visible from Paradise Cove Beach, an MLCP designated scenic area,” and thus discusses the five required findings of MLIP Section 6.4. (Staff Report at pp. 16-17.) In its findings, the Staff Report claims that “although visible from a public beach, there will be no impacts to views of the Santa Monica Mountains.” (Staff Report at p. 16.) Additionally, it claims that because “the proposed single-family residence will not significantly impact public views of the Pacific Ocean and is not anticipated to block views of the Santa Monica Mountains,” the Project “as designed, is sited to eliminate, minimize or otherwise contribute to conformance to sensitive resource policies.” (Staff Report at p. 17.) However, because the Staff Report makes these claims without supporting analysis, the claims are entirely conclusory and unsubstantiated. MLIP Section 6.4 states explicitly that the required “findings shall address the specific project impacts relative to the applicable development standards identified in Section 6.5 of the Malibu LIP.” (LIP, § 6.4(A).) The Staff Report does not mention these development standards.

The Staff Report acknowledges Mr. Ryan Levis’ proposal “to re-site the proposed development 35 feet closer to the street in order to keep it in line with the existing development on the same side of the street.” (Staff Report at p. 6.) Mr. Levis’ proposal may resolve the issue of the Project’s visibility from Paradise Cove Beach, an MLCP designated scenic area. But the Staff Report again discards possible solutions with the bare conclusions that “[t]he project conforms to the LCP and MMC” and “[t]here are no provisions in the code that would require the proposed development to be in line with other development on the same side of the street.” (Id.) In actuality, MLIP Section 6.5 requires new development to “be sited and designed to minimize adverse impacts on scenic areas from scenic roads or public viewing areas to the maximum feasible extent.” (LIP, § 6.5(A)(1).) And, even “[i]f there is no feasible building site location on the proposed project site where development would not be visible, then the development shall be sited and designed to minimize impacts on scenic areas from scenic highways or public viewing areas, through measures including, but not limited to, siting development in the least visible portion of the site, breaking up the mass of new structures, designing structures to blend into the natural hillside setting, restricting the building maximum size, reducing maximum height standards, clustering development, minimizing grading, incorporating landscape elements, and where appropriate, berming.” (Id.)
Under the MLUP, Paradise Cove Beach is not only a designated scenic area, but also a public viewing area, as it is a “beach[] that offers scenic vistas.” (MLUP Policy 6.2.) Thus, the view from Paradise Cove Beach in the area of the mouth of the creek towards the scenic Santa Monica 219
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 6 ends

Mountains area is impacted by the Project—as stated above, the Staff Report admits the Project’s visibility from Paradise Cove Beach. Then, under MLIP Section 6.5, the development is required to minimize those impacts, and MLIP Section 6.5 explicitly offers measures by which a project can do so. These measures are not supposed to remain dead letters.

Class 3 Categorical Exemption from CEQA Inapplicable
We disagree that the Class 3 categorical exemption the Staff Report cites, set forth in State CEQA Guidelines (Guidelines; Cal. Code Regs., tit. 14, § 15000 et seq.) section 15303, subdivisions (a) and (e) applies to the Project.

Categorical CEQA exemptions are reserved for “classes of projects which have been determined not to have a significant effect on the environment.” (Guidelines, § 15300.) And CEQA exemption categories must be construed narrowly—they “ ‘are not to be expanded beyond the reasonable scope of their statutory language.’ [Citation.]” (Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209, 226.) The introductory language of Guidelines section 15303 makes clear that the Class 3 exemption applies only to the construction of “small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.” (Emphasis added.)
Parts of the Project are designed to be 24 feet in height, which is 33 percent higher than the City’s 18-foot height limit. The Project’s total development square footage (TDSF) is 7,727 square feet, just short of the maximum 7,760 square feet allowed for this lot. The proposed two-story singlefamily residence with attached garage covers 6,794 square feet on its own. Table 2 of the Staff Report (see Staff Report p. 8) lists four other single-family residences as “Adjacent Land Uses”:
6728 Zumirez Drive, 6725 Zumirez Drive, 6747 Zumirez Drive, and 6744 Zumirez Drive.

Respectively, the residence areas of these four properties amount to approximately 3,116 sq. ft., 2,981 sq. ft., 766 sq. ft., and 2,365 sq. ft. Even cherry-picking the largest of those four, the Project dwarfs it. The proposed swimming pool (62.67 ft. by 18.67 ft.) spans approximately 1,170 square feet. It alone (the pool!) would be larger than one of the adjacent homes.

The Project vastly exceeds the Class 3 categorical exemption for small structures.

Conclusion
We have herein documented several of the Staff Report’s analytical deficiencies and unsupported conclusions in regard to the Project’s compliance with the MLCP. We have also explained how the Project is much too large to reasonably qualify for a Class 3 categorical CEQA exemption. It would 220
Tyler Eaton, Senior Planner
Planning Commission
March 6, 2023

Page 7 ends

therefore be inappropriate for the Planning Commission to approve Coastal Development Permit No. 20-068 for the current Project design and the site planning in relation to the bluff or onsite slope area. Additionally, unless Project size is substantially reduced to support application of the Class 3 categorical exemption, all proposed development must undergo CEQA review before progressing any further. At a minimum, the City must prepare and circulate for public review an initial CEQA study. (See Guidelines, § 15063.)
Sincerely,

ANGEL LAW
Cooper Kass
Frank Angel
cc: Dennis Robert Smith, Chair
John Mazza, Vice Chair
Kraig Hill
Jeffrey Jennings
221
1 Rebecca Evans
From: Tyler Eaton
Sent: Monday, March 6, 2023 9:14 AM
To: Rebecca Evans
Subject: FW: From Josh Brolin re: 6734 Zumirez Dr Build From: JB >
Sent: Saturday, March 4, 2023 1:23 PM
To: Richard Mollica <[email protected]>
Cc: Tyler Eaton <[email protected]>
Subject: From Josh Brolin re: 6734 Zumirez Dr Build
Dear Richard and Tyler,
First of all, I hope this finds you both well.

It has been brought to my attention that the letter of support I signed for Jason Rouse's build on 6734 Zumirez Dr wasn’t was initially expressed to me. Janet Friesen is a close friend (Jason’s direct neighbor) and I didn’t realize that the build would block a portion of not only her but others existing views, when it could be easily rectified by Jason building about 35 feet back toward the street (Zumirez).

That said, I admittedly made a mistake by not doing my full due diligence and taking him at his word (I should have known better given I don’t know him well). It’s simply a major mistake of mine, and so I would like to retract my letter of support.

Is that good enough?
Having gone through this process, the PTSD that resurfaces with any talk of building, I’m sure is my culprit. I don’t have enough information to support Jason, nor am I an actual neighbor. I hope that he is able to build within the codes but I have no interest in it other than as a friend of the people who will be directly contrasted by what exists now.

Again, hope you both are well and please let me know if I need to do anything else.

Sincerely,
222
2 Josh Brolin
223
1 Planning Commission
From: Chris Deleau <[email protected]>
Sent: Tuesday, February 28, 2023 4:27 PM
To: Planning Commission
Cc: Schmitz and Associates
Subject: Letter of Support for Item 4.B. March 6, 2023 PC hearing: (CDP 20-068) 6734 Zumirez Attachments: Brolin Support Ltr.pdf
Importance: High
To Whom it may concern: Please see the attached letter of support from one of our client's neighbors, Mr.

Josh Brolin.

Best Regards,
Schmitz & Associates, Inc.

Christopher M. Deleau, JD, AICP
Special Projects Manager
The content of this email is strictly confidential and only intended for the specified recipient. It is forbidden to share the email or its contents with any third party without the senders written consent. If this email reached you by mistake, please let us know so that we can ensure that this doesnt happen in the future and delete the message. 224
225
CDP NO. 20-068
Demolition of the Existing Residence, New SingleFamily Residence, Second Unit, and Associated Development
6734 Zumirez Drive
APN 4466-002-001
March 6, 2023
Planning commission meeting
Item No. 4.B.
226
Legend
Project Site
Vicinity Map
Source: Malibu City GIS 2023
227
Project Description
Scope

1. Construction of a new 6,284 square foot two-story single-family residence with a 986 square foot basement and 510 square foot attached two-car garage;

2. 471 square foot detached second unit;

3. 462 square foot detached two-car garage;

4. Permeable driveway;

5. 42-inch tall solid and up to 6-foot visually permeable front yard fence and vehicular gate;

6. 6-foot solid side yard walls;

7. Swimming pool (62.67 feet long by 18.67 feet wide) and spa (13.33 feet long by 10.67 feet wide) with associated pool equipment (to be fully screened) and decking;

8. Second unit spa (7 feet long by 7 feet wide);

9. New landscaping;

10. 14,076 square feet of new impermeable surfaces;

11. Open-air garden trellises

12. Water features;

13. Retaining walls (not to exceed six feet in height); and

14. Onsite Wastewater Treatment System.

Discretionary Requests
a. SPR No. 21-009 for height exceeding 18 feet, up
228
to 24 feet for a flat roof.

Site Plan
Second Unit / Detached Garage
New Single-Family Residence /
Attached Garage
Zumirez Drive
Source: Project Plans 2023
229
Elevations: Main Residence
24’ Above Grade 21’ Above Grade
12’ Above Grade
16’ Above Grade
18’ Above Grade
Source: Project Plans 2023
230
Elevations: Second Unit
12’ Above Grade
11’ Above Grade
Source: Project Plans 2023
231
View Corridor
Source: Project Applicant's View
Corridor Demonstration
Source: Google Earth
232
Primary Views
Source: PVD No. 12-119 Source: Neighbor Correspondence
Reference Point
233
Primary Views
Source: PVD No. 23-001
Areas at 18 feet and below
234
Potential Stream

4.6.1. Buffers
New development adjacent to the following habitats shall provide native vegetation buffer areas to serve as transitional habitat and provide distance and physical barriers to human intrusion. Buffers shall be of a sufficient size to ensure the biological integrity and preservation of the habitat they are designed to protect. Vegetation removal, vegetation thinning, or planting of non-native or invasive vegetation shall not be permitted within buffers except as provided in Section 4.6.1 (E) or (F) of the Malibu LIP. The following buffer standards shall apply:

A. Stream/Riparian
New development shall provide a buffer of no less than 100 feet in width from the outer edge of the canopy of riparian vegetation. Where riparian vegetation is not present, the buffer shall be measured from the outer edge of the bank of the subject stream.

However, in the Point Dume area, new development shall be designed to avoid encroachment on slopes of 25 percent grade or steeper.
235

SUMMARY

ADOPT PLANNING COMMISSION
RESOLUTION NO. 23-11 APPROVING THE

PROJECT CONDITIONED
236
Bluff Definitions
BLUFF EDGE - For coastal and canyon bluffs, the bluff edge shall be defined as the upper termination of a bluff, cliff, or seacliff. In cases where the top edge of the cliff is rounded away from the face of the cliff as a result of erosional processes related to the presence of the steep cliff, the bluff edge shall be defined as that point nearest the cliff beyond which the downward gradient of the surface increases more or less continuously until it reaches the general gradient of the cliff. In a case where there is a steplike feature at the top of the cliff face, the landward edge of the topmost riser shall be taken to be the bluff edge. Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet (500′) shall be the minimum length of bluff line or edge to be used in making these determinations.

CLIFF - any high, very steep to perpendicular or overhanging face of rock, a precipice.

COASTAL BLUFF - a high bank or bold headland, ten feet (10′) or more in vertical extent, with a broad, precipitous, sometimes rounded cliff face overlooking a body of water. 237
Item 4B
CDP 20-068
6734 Zumirez Drive
Presentation before the Malibu Planning Commission
March 6, 2023
1 238
Project Designed to Comply with LCP
2 239
Property Not Located in or near LCP-Mapped ESHA
3 240
Property is Highly Disturbed and Developed
4 241
Property is Highly Disturbed and Developed
5 242
Majority of Property Flatter than 4:1
6 243
Slopes Confirmed by Peak Surveys
7 244
Majority of Property Flatter than 4:1
8 245
Overlapping Fuel Modification
9 246
Overlapping Fuel Modification
10 247
Subject Property Qualifies as a Bluff?
11 248
LCP LIP Provides the Following Definition in Chapter 2:

BLUFF EDGE - … Where a coastal bluff curves landward to become a canyon bluff, the termini of the coastal bluff edge, shall be defined as a point reached by bisecting the angle formed by a line coinciding with the general trend of the coastal bluff line along the seaward face of the bluff, and a line coinciding with the general trend of the bluff line along the canyon facing portion of the bluff. Five hundred feet (500′) shall be the minimum length of bluff line or edge to be used in making these determinations. 12 249
90’ Elevation Contour Line:

Coastal Bluff
90’ Elevation Contour Line:

Canyon Bluff
250
90’ Elevation Contour Line:

Coastal Bluff
90’ Elevation Contour Line:

Canyon Bluff
Bluff Termini
Angle Bisected
500’
500’
251
Elevation-Development Pattern Varies
15 6674 Zumirez: 90’
6706 Zumirez: 80’
6716 Zumirez: 84’
6728 Zumirez: 96’
6734 Zumirez: 90’

SUBJECT PROPERTY
6744 Zumirez: 92’
252
LCP LUP Policy 6.2 states:

Places on and along public roads, trails, parklands, and beaches that offer scenic vistas are considered public viewing areas. Existing public roads where there are views of the ocean and other scenic areas are considered Scenic Roads. Public parklands and riding and hiking trails which contain public viewing areas are shown on the LUP Park Map. The LUP Public Access Map shows public beach parks and other beach areas accessible to the public that serve as public viewing areas.
16 253
No Public Beach, Scenic Resource or Scenic Area within the Proximity of 6734 Zumirez
17 254
Project is Located on Zumirez Drive
18 255
LCP LIP Section 6.5(E) states:
…… New development on parcels located on the
ocean side of public roads, including but not limited
to, Pacific Coast Highway, Malibu Road, Broad Beach
Road, Birdview Avenue, Cliffside Drive shall protect
public ocean views.
19 256
View Corridor Exhibit
20 Property Line in Green Property Line in Green
Eyeline in Brown
257
Direction of
View Corridor
ONLY Direction
of Ocean View
100’ Above Mean
Sea Level
100’ Above Mean
Sea Level
258
Direction of
View Corridor
(No Ocean
Views)
Only Direction
of peek a boo
Ocean View
Conclusion: 20% View Corridor would not protect
or continue to provide any ocean views. This is
precisely why the LCP was drafted to only protect
ocean views along roads that ran parallel to the
Ocean with 180 degree ocean views (unlike the
subject site)
259
Project will not Have Any Impact on Public Views
23 260
Proposed SFR Complies with 2/3 Rule
24 1st Story Area: 5,222 sq. ft.
2nd Story Area: 1,572 sq. ft.
2/3 Rule Calc.: 3,499 sq. ft.
2 nd story is = 30%
of the 1st Story
261
House Set Back to Minimize Massing & Visibility
25 142-Foot Front
Yard Setback
360 Feet to
2nd Story
262
House Set Back to Minimize Massing & Visibility
26 142-Foot Front
Yard Setback
360 Feet to
2nd Story
Proposed
View from
Zumirez
263
2-Story Residences on Zumirez within 500 Feet
27 29 Properties on Zumirez
within 500-Feet
15 of These Properties
Have 2-Story Homes
264
2-Story Residences on Zumirez within 500 Feet
28 List of 2-story Residences
6647 Zumirez
6659 Zumirez
6651 Zumirez
6653 Zumirez
6665 Zumirez
6674 Zumirez
6706 Zumirez
6716 Zumirez
6747 Zumirez
6754 Zumirez
6763 Zumirez
6804 Zumirez
6811 Zumirez
6825 Zumirez
6830 Zumirez
265
2-Story Residences on Zumirez within 500 Feet
29 6734
Zumirez
266
2-Story Residences on Zumirez within 500 Feet
30 6734
Zumirez
267
2-Story Residences on Zumirez within 500 Feet
31 6734
Zumirez
268
2-story Home: 6716 Zumirez
32 269
2-story Home: 6716 Zumirez
33 58% of 1st Story
270
2-story Home: 6754 Zumirez
34 28 Feet Tall
271

PRIVATE VIEW PROTECTION
35 272
MMC Section 17.40.040(A)(17) states:
…… The primary view corridor shall exclude the first
eighteen (18) feet of the proposed building height
as measured from the existing natural grade or
finish grade whichever results in a lower building
height. ……
36 273
6706 Zumirez
37 No Visual Impacts
From 6706 Zumirez
6734 6706
274
6716 Zumirez
38 View Looking South:

Existing Foliage
6716
6734
275
6716 Zumirez
39 Existing Foliage
276
MMC Section 17.62.060 states:

For purposes of this section, a site plan review may be approved or conditionally approved if the project meets all of the following criteria:
… (2) the portion of the project that is greater than
eighteen (18) feet in height does not obstruct visually impressive scenes of the Pacific Ocean, off-shore
islands, Santa Monica Mountains, canyons, valleys, or
ravines from the main viewing area of any affected
principal residence as defined in Section

17.40.040(A)(17) of this code …
40 277
6716 Zumirez
41 Existing Foliage

13.5 Feet
278
Proposed Section
42 13.5 Feet
279
6728 Zumirez
43 Existing Foliage
6728
6734
280
6728 Zumirez
44 18 Feet
281
Pool Deck design Maximizes Privacy
45 Pool Deck not Visible
From 6716 & 6728
Zumirez
Proposed SFR
Buffers Sound
282
Project will have NO Adverse Impact on Primary Views
46 283
Project will have NO Adverse Impact on Primary Views
47 284
Revised Site Plan
48 Jacuzzi Relocated
To South Property Line
Bedroom, Ground Floor
Lounge & Jacuzzi Removed
Lower Level Stairs
Relocated & Exterior
Ground Level Stairs
Removed
285
Revised Elevation
49 Bedroom, Ground
Floor Lounge
& Jacuzzi Removed
Exterior Ground
Level Stairs Removed
286
Revised Rendering
50 287
6716 Zumirez
51 Existing Foliage

13.5 Feet
288

THANK YOU
52 289
6716 Zumirez
53 Existing Foliage

13.5 Feet
Project Revised So Not Visible from Zicklin Residence
290
Section 17.40.040(A)(17) states:
…… The primary view corridor shall exclude the first
eighteen (18) feet of the proposed building height
as measured from the existing natural grade or
finish grade whichever results in a lower building
height. ……
54 291
6728 Zumirez
55 18 Feet
292
Jamie Harnish Correspondence, March 3, 2023
56 293
Subject Property is North of Janet Friesen’s
Residence
57 Subject
Property
Friesen
Residence
Pacific
Ocean
294
Jamie Harnish Correspondence, March 3, 2023
58 295
Overlapping Fuel Modification
59 296
Overlapping Fuel Modification
60 297
2-Story Residences on Zumirez within 500 Feet
61 List of 2-story Residences
6647 Zumirez
6659 Zumirez
6651 Zumirez
6653 Zumirez
6665 Zumirez
6674 Zumirez
6706 Zumirez
6716 Zumirez
6747 Zumirez
6754 Zumirez
6763 Zumirez
6804 Zumirez
6811 Zumirez
6825 Zumirez
6830 Zumirez
298
Project Designed to Comply with LCP
62 299
Neighbors’ Representative Agrees This Project Meets
City Requirements
63 300

CONCLUSION
• Property is Highly Developed and Disturbed
• Proposed Development is Sited on Slopes Flatter than 4:1 • Proposed Residence Not Visible from Scenic Resources or Scenic Areas • No Portion of Development is Located Within Protected Primary Views • No New Fuel Modification Proposed
• Project is Consistent with MMC and LCP
64 301

THANK YOU
65 302
Basement Egress
66 303
2-Story Residences on Zumirez within 500 Feet
67 6734
Zumirez
304
LCP LIP Section 6.5(E)(2)(b) states:

The remaining 20 percent of lineal frontage shall be
maintained as one contiguous view corridor……
68 305
Proposed Site Plan
69 306
View from 6725 Zumirez
70 307
City Of Malibu
23825 Stuart Ranch Road
Malibu, CA 90265

PLANNING DEPARTMENT
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
Phone (310) 456-2489
www.malibucity.org
N඗ගඑඋඍ ඗ඎ Pඝඊඔඑඋ Hඍඉකඑඖඏ
The Malibu City Council will hold a public hearing on Monday, September 11, 2023, at 6:30 p.m. for the project identified below in the Council Chambers at Malibu City Hall, 23825 Stuart Ranch Road, Malibu, CA, and via teleconference.

COASTAL DEVELOPMENT PERMIT NO. 20-068, SITE PLAN REVIEW NO. 21-009, AND DEMOLITION PERMIT NO. 20-028 - An application for the demolition of the existing single-family residence, construction of a new 6,284 square foot single-family residence, basement, 510 square foot attached garage and 462 square foot detached garage, 471 square foot second unit, pool and spa, cabana, onsite wastewater treatment system and associated development, and a site plan review for construction up to 24 feet in height to allow for a flat roof LOCATION / APN / ZONING: 6734 Zumirez Dr / 4466-002-001 / Rural Residential-One Acre (RR-1) APPLICANT / OWNER: Schmitz and Associates, Inc. / IBN Properties, LLC APPEALABLE TO: California Coastal Commission
ENVIRONMENTAL REVIEW: Categorical Exemption CEQA Guidelines Sections 15303(a) and 15303(e) APPLICATION FILED: December 29, 2020
CASE PLANNER: Tyler Eaton, Senior Planner, [email protected] (310) 456-2489, ext. 273
A written staff report will be available at or before the hearing for the project. All persons wishing to address the Council regarding these matters will be afforded an opportunity in accordance with the Council’s procedures. Copies of all related documents can be reviewed by any interested person by appointment at City Hall during regular business hours. Oral and written comments may be presented to the City Council on, or before, the date of the meeting.

COASTAL COMMISSION APPEAL - An aggrieved person may appeal the City Council’s approval directly to the Coastal Commission within 10 working days of the issuance of the City’s Notice of Final Action. More information may be found online at www.coastal.ca.gov or by calling 805-585-1800.

IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU

OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING.

RICHARD MOLLICA, Planning Director Date: August 17, 2023

EXHIBIT D
308

Page 1 of 1 ends

Agenda Item # 4.A.

Supplemental
Council Agenda Report
To: Mayor Silverstein and the Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager
Date prepared: September 21, 2023 Meeting date: September 25, 2023 Subject: Coastal Development Permit No. 20-068, Site Plan Review No. 21-009, and Demolition Permit No. 20-028 – An application to demolish an existing single-family residence and construct a new single-family residence, second unit and associated development (6734 Zumirez Drive; Owner: IBN Properties, LLC) (Continued from September 11, 2023)
RECOMMENDED ACTION: Continue this item to the October 9, 2023 Regular City Council meeting.

City Council Meeting
09-25-23
Item

4.A.

Page 1 of 6 ends

Agenda Item 4.B.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Tyler Eaton, Senior Planner
Reviewed by: Richard Mollica, Planning Director
Approved by: Steve McClary, City Manager

Date prepared: September 20, 2023 Meeting date: September 25, 2023 Subject: Appeal No. 23-007 - Appeal of the Planning Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon (Location:

Zuma Beach, 30050 Pacific Coast Highway, APN 4469-027-901, Owner: Los Angeles County, Applicant/Appellant: Super League Triathlon)
RECOMMENDED ACTION: Adopt Resolution No. 23-46 (Exhibit A), denying Appeal No. 23-007 (Exhibit B), and denying Temporary Use Permit (TUP) No. 23-004 for the Malibu Triathlon in the Public Open Space (OS) zoning district at 30050 Pacific Coast Highway (Los Angeles County).

DISCUSSION: The matter is an appeal of the Planning Director’s denial of TUP No. 23- 004, an application for the Malibu Triathlon, to be held on September 30, 2023, and October 1, 2023. On September 18, 2023, the Planning Commission held a public hearing on the matter, which resulted in a deadlock vote. Pursuant to Malibu Municipal Code (MMC) 17.04.220(F), in the event an appeal from an action of the planning manager/director results in a deadlock vote by the planning commission, the decision of the planning manager/director shall be reinstated unless appealed to the City Council.

Subsequent to the Planning Commission meeting, the applicant appealed the Planning Director’s action. As such, the matter before the City Council is an appeal of the Planning Director’s denial of the subject TUP.

Background
The TUP application was submitted to the City on March 8, 2023, and was denied by the Planning Director on September 8, 2023 (Exhibit C) for the following reasons: 1) the City Council Meeting
09-25-23
Item

4.B.

Page 2 of 6 ends

Agenda Item 4.B.
applicant did not provide an adequate racecourse design to the City in time for both the public notice and decision; 2) the Public Works Department did not approve the application, in time for the public notice, since the proposed racecourse posed a public safety issue as it included the flooded undercrossing at Busch Drive and alternative courses proposed additional road closures; and as such, 3) staff could not make the necessary findings for a TUP approval as required by MMC Section 17.68.060. The appellant filed a timely appeal of the Planning Director’s denial of TUP No. 23-004 on September 11, 2023 (Exhibit B).

The Malibu Triathlon proposed using its traditional racecourse, consisting of a swim along Zuma Beach, an out-and-back run along Westward Beach Road, and a bike ride along Pacific Coast Highway, that connects to Zuma Beach parking lot via an underpass at Busch Drive (Exhibit D). MMC Sections 17.68.050(B) and (D) require that the Planning Director mail a public notice to all property owners and tenants within a 500-foot radius of the subject property and not less than 32 days prior to the proposed event. The notice for the event was required to be mailed on August 24, 2023, since the setup was to commence on September 25, 2023. Given that staff did not have a final racecourse by this date, staff did not have a complete project description or confirmed noticing radius, and therefore, the public notice was not mailed.

Additionally, MMC Section 17.68.050(E) requires that the Planning Director render a decision 24 days prior to the proposed use. Because a final racecourse design and associated approvals were not completed at the time the decision was required to be rendered which was September 1, 2023, the Planning Director could not approve the application within the required 24-day window.

As of September 8, 2023, the date of the Planning Director’s action, a final racecourse design had not been approved. On September 12, 2023, as part of the appeal to the Planning Commission, the applicant identified an alternative route that is under review.

The alternative route proposes a right turn onto Westward Beach Road to connect to the Zuma Beach access instead of the traditional underpass at Busch Drive (Exhibit E). The Public Works Department reviewed the alternative course during the appeal process and has found that it can meet the requirements but as of the date of preparation of this report, the final Public Works referral has not been obtained by the applicant.

On September 18, 2023, the Planning Commission held a public hearing on the item which resulted in a deadlocked 2-2 vote on both motions to approve and to deny.

The item before the Council is an appeal of the Planning Director’s denial of the subject TUP. Staff recommends the City Council examine all evidence in the record and adopt the resolution denying the appeal for this project because while there appears to be a safe and final course design supplied to staff during the appeal process, staff is unable to issue a 32-day notice prior to the event date.

Page 3 of 6 ends

Agenda Item 4.B.

Appeal to the City Council
The appellant’s specific argument in support of the appeal is noted below in italics. The full text of the appeal documents can be found in Exhibit B. Staff’s response follows the appeal item.

Appeal Item 1
“Several factors outside of our control led to the Zuma Underpass not being available for the event, as it is a critical component of the bike course. Flooding often affects the Zuma Underpass, and Beaches and Harbors typically clears out debris prior to our event. In some years, standing water has remained and we have been able to build a temporary ramp over the water. This year, we were notified on August 28, that there was no possible way to use or disturb the ecosystem of the Zuma Underpass, given that an endangered fish (Tidewater Goby) had taken residence in the standing water.” Staff Response
As stated previously, the City did not have adequate materials and approvals at the time required to properly notice the event and render a decision. Additionally, the Planning Director could not make the findings for approval as required by MMC Section 17.68.060 because the application materials submitted at the time were insufficient to prove that the racecourse was adequate to support the use and that the use would not jeopardize public safety.

Appeal Item 2
“Definitive notification of the issue with the Underpass was made on August 28 by Beaches and Harbors, this was confirmed by City of Malibu that week as well via phone. Both notifications took place AFTER the passing of a notification deadline of August 24 that has been cited for the City to send out notifications to impacted residents.” Staff Response
Although staff understands the constraints put on the applicant by environmental factors, it is the applicant’s responsibility to provide adequate materials to the City by the deadlines required by the MMC. The underpass had been flooded well before the public notice was required to be issued. As such, the applicant is responsible for ensuring the proposed racecourse is viable at the time of filing an application to ensure public noticing can occur.

Page 4 of 6 ends

Agenda Item 4.B.

Appeal Item 3
“The 32-day notification deadline / requirement has also since been called into question and this is another point for discussion in our appeal. Some members of the Planning Commission even noted that a 5-day notification period could be viewed as viable in the city code.”
Staff Response
MMC Section 17.68.050(D) requires that a Notice of Application be mailed not less than 32 days prior to the proposed event. Although the first paragraph of the section suggests that a five-day public notice shall be provided, City practice has been to honor the 32-day notice in order to give the public enough time to review the application materials.

Additionally, MMC Section 17.04.070(A)provides that where conflicts occur between the regulations of the MMC and the building code or other regulations effective within the city, the more restrictive of any such regulations shall apply. Thus, City staff has utilized the 32-day notice as the more restrictive of the noticing periods. Typically, this provision is relied upon when there are separate and distinct sections in the different titles/chapters of the MMC. Here, as noted at the Planning Commission, the reference to a 5-day notification and then to a 32-day notification occurs in the same section –MMC Section 17.68.050.

Staff did rely on the underlying principle found in MMC Section 17.0 4.070 in applying the 32-day notice but this intra-section application is relatively unique.

Appeal Item 4
“We have worked proactively, and in good faith, to develop an alternate and safe bike course that is much smaller than the original course which was submitted with our TUP application in March 2023. This course has been approved by the City of Malibu Public Works and other relevant agencies. This course sits within the original footprint of the bike course but is significantly smaller and does not block any private driveways. There is always an open lane for vehicular traffic on Southbound PCH.” Staff Response
As stated previously, a final racecourse design and associated approvals were not completed at the time the decision was required to be rendered, and as such, the Planning Director could not approve the application. The applicant is to provide alternatives in a timely manner so that staff can determine if the newly proposed course needs an additional noticing radius and so that the Planning Director can make a decision within the time required by the MMC. The course accepted by the Public Works Department as part of the appeal to the Planning Commission was not submitted until September 12, 2023.

This was 19 days after the 32-day notice period and 11 days after the decision was to be rendered by the Planning Director.

Page 5 of 6 ends

Agenda Item 4.B.

Appeal Item 5
“Had the City of Malibu provided notice based on the original course in August (or February when the data was submitted), and then notified us that Zuma wasn’t available to us, we could have gone forth with the current modified course.” Staff Response
As stated previously, it is the applicant’s responsibility to ensure their course meets the requirements of the MMC. During review of the proposed course, City Staff informed the applicant that the Zuma undercrossing may not be functional because of flooding and alternatives were needed. In March 2023, when the application was submitted, it was unclear whether the racecourse would be ready in time for the event.

ENVIRONMENTAL REVIEW: The Planning Director has analyzed the proposed event pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA). The Planning Director finds that pursuant to CEQA Guidelines Section 15270, CEQA does not apply to projects that a public agency rejects or disapproves.

CORRESPONDENCE: Correspondence received for the September 18, 2023, Planning Commission hearing is attached hereto as Exhibit F.

PUBLIC NOTICE: The Notice of Application for the TUP was not issued for the aforementioned reasons. However, for the matter before the Council, on September 21, 2023, an Amended City Council Regular Meeting Agenda was posted 24 hours in advance of the meeting.

ALTERNATIVE: Should the City Council reach a different conclusion, upholding the appeal and approving the event, staff will amend the resolution to reflect the City Council’s action. Exhibit G to this report contains a previously issued TUP for this event and provides event conditions for the Council’s consideration. In addition, the Council may direct staff to publicly notice the event to all owners and occupants within a 500-foot radius of the racecourse on September 26, 2023.

SUMMARY: Based on the record as a whole, including but not limited to all written and oral testimony offered in connection with this matter, staff recommends that the City Council adopt Resolution No. 23-46 denying Appeal No. 23-007, upholding the denial of TUP No. 23-004 for the Malibu Triathlon.

EXHIBITS:

A. Resolution No. 23-46
B. Appeal No. 23-007
C. Denial of TUP No. 23-004
D. Original Course Denied by Public Works

Page 6 of 6 ends

Agenda Item 4.B.

E. New Course Identified by Applicant
F. Correspondence
G. TUP No. 22-025 Malibu Triathlon and Fitness Exposition, dated August 19, 2022 Exhibit A
RESOLUTION NO. 23-46

A RESOLUTION OF THE CITY COUNCIL OF CITY OF MALIBU
DENYING APPEAL NO. 23-007 AND DENYING TEMPORARY USE
PERMIT NO. 23-004 FOR THE MALIBU TRIATHLON IN THE PUBLIC OPEN SPACE ZONING DISTRICT AT 30050 PACIFIC COAST

HIGHWAY (LOS ANGELES COUNTY)
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On March 8, 2023, an application for Temporary Use Permit (TUP) No. 23-004 was submitted by the applicant, Super League Triathlon, for the Malibu Triathlon to the City of Malibu.

B. On September 8, 2023, the Planning Director issued a denial of TUP No. 23-004, on the grounds that staff did not have proper materials to issue the public notice in time, to render the decision, or to make the findings for approval as required in Malibu Municipal Code Section

17.68.060.

C. On September 11, 2023, the Planning Director’s action was appealed by Super League Triathlon to the Planning Commission.

D. On September 13, 2023, a Planning Commission Meeting amended agenda was posted 24 hours in advance of the meeting.

On September 18, 2023, the Planning Commission held a duly noticed hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. The hearing resulted in a 2-2 deadlock vote, with one Commissioner absent. Pursuant to Malibu Municipal Code (MMC) Section 17.04.220(F), the Planning Director’s denial was reinstated unless appealed to the City Council
E. On September 19, 2023, the Planning Director’s action was appealed by Super League Triathlon to the City Council.

F. On September 21, 2023, a City Council Meeting amended agenda was posted 24 hours in advance of the meeting.

G. On September 25, 2023, the City Council held a duly noticed hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the City Council has analyzed the proposed project. The City Council found that the provisions of CEQA do not apply to the project since it is a denial pursuant to Section 15270 – Projects that are Disapproved.

Resolution No 23-46

Page 2 of 3 ends

______________________
SECTION 3. Findings for Denying the Appeal.

The appellant contends that several factors outside of their control forced a redesign of the intended routes for the event. The factors included severe flooding and the creation of an environmentally sensitive area around the Zuma Underpass which has impacted their ability to use the proposed racecourse. The racecourse had not been finalized before the deadline for the City to issue the 32- day public notice nor was it finalized prior to the 24-day deadline to render a decision, and therefore, the Planning Director denied TUP No. 23-004.

Based on evidence contained within the record, including the agenda report for the project and the hearing on September 25, 2023, and pursuant to the MMC, the City Council adopts the findings of fact, denying the appeal and finds that substantial evidence in the record to deny TUP No. 23- 004. In addition, the analysis, findings of fact, as well as the testimony and materials considered by the City Council are incorporated herein as though fully set forth.

A. The City Council finds that the City did not have adequate materials and approvals at the time required to properly notice the event and render a decision.

B. It is the applicant’s responsibility to provide adequate materials to the City by the deadlines required by the MMC. The underpass had been flooded well before the notice was required to be sent out. As such, the applicant is responsible for ensuring the racecourse can be used before the event is noticed to the public.

C. The City Council could not make the findings for approval as required by MMC Section 17.68.060 because the materials proposed at the time were insufficient to prove that the racecourse was adequate to support the use and that the use would not jeopardize public safety.

SECTION 4. City Council Action.

Based on the foregoing findings and evidence contained within the record, the City Council hereby denies Appeal No. 23-007 and upholds the Planning Director’s denial of TUP No. 23-004.

SECTION 5. The City Council shall certify the adoption of this resolution.

PASSED, APPROVED, and ADOPTED this __th day of ____ 2023. _____________________________
BRUCE SILVERSTEIN, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
Resolution No 23-46

Page 3 of 3 ends

______________________
APPROVED AS TO FORM:
__________________________________
TREVOR RUSIN, Interim City Attorney
Any action challenging the final decision of the City made as a result of the public hearing on this application must be filed within the time limits set forth in Section 1.12.010 of the MMC and Code of Civil Procedure. Any person wishing to challenge the above action in Superior Court may be limited to raising only those issues they or someone else raised at the public hearing, or in written correspondence delivered to the City of Malibu at or prior to the public hearing.

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-7650 · www.malibucity.org September 8, 2023
Brennan Lindner, Super League Triathlon
312 Arizona Ave
Santa Monica, CA 90401
Reference: TEMPORARY USE PERMIT No. 23-004
Malibu Triathlon Planned for September 25 – October 2, 2023 Dear Mr. Lindner,
On March 8, 2023, the application listed above was submitted to the City of Malibu's Planning Department for processing. Planning Department staff has completed a review of the application and determined on September 7, 2023, that the submitted application is DENIED. Reasons for denial are provided below.

1. Malibu Municipal Code (MMC) Section 17.68.050(B) and (D) requires that the Planning Director mail a public notice to all property owners and tenants within a 500 foot radius of the subject property and not less than 32 days prior to the proposed event.

The notice for the event was required to be mailed on August 24, 2023, since the setup was to commence on September 25, 2023. As proposed the racecourse included a flooded undercrossing and alternative race routes were explored. At the time of noticing, the alternative courses proposed were not acceptable to the City’s Public Works Department because they proposed additional road closures.

Given that staff did not have a final racecourse, staff did not have a complete project description or confirmed noticing radius and therefore notices were not sent out.

2. MMC Section 17.68.050(E) requires that the Planning Director render a decision 24 days prior to the proposed use.

Similar to the finding listed above, a final racecourse design and associated approvals were not completed at the time the decision had to be rendered which was September 1, 2023. Therefore, the Planning Director could not make a determination within the required 24-day window.

3. MMC Section 17.68.060 provides that the Planning Director may approve a temporary use permit provided that seven findings can be made. Four of the findings could not be 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; and 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 Exhibit C
TUP No. 23-004
Malibu Triathlon
September 8, 2023
The four findings for approval cannot be made because staff could not ensure that the event site as proposed was able to accommodate the temporary use as proposed due to a flooded undercrossing.

Additionally, staff could not make the finding that the proposed event would not jeopardize public safety, because as proposed the course included an undercrossing that is currently flooded. Staff does not know for certain if the undercrossing will be clear of flooding and safe for use by race day.

Should you wish to reschedule your event to allow sufficient time to process the application, please call me at (310) 456-2489, extension 346 or e-mail at [email protected]. In addition, this determination can be appealed pursuant to MMC Section 17.68.080 within in three calendar days.

Sincerely,
vicinity of, the proposed location of the activity.

Page 2 of 2 ends

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Exhibit E
Contingency Routes
Malibu Tri ©2023

OPTION A
Option A:

Arizona Crossing not flooded
Malibu Tri ©2023
Malibu Tri ©2023
SATURDAY, SEP 30
Olympic Distance
Option A:

Arizona Crossing not flooded
Run Loop 1x (9.6km)
Bike Loop 4x (5.7km / 3.1m)
Malibu Tri ©2023
SUNDAY, OCT 1
Classic Distance
Option A:

Arizona Crossing not flooded
Run Loop 1x (4 miles)
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Arizona Crossing
Option A
Option A:

Arizona Crossing not flooded
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OPTION B
Option B:

Arizona Crossing flooded
Malibu Tri ©2023
Malibu Tri ©2023
SATURDAY, SEP 30
Olympic Distance
Option B:

Arizona Crossing flooded
Run Loop 1x (9.6km)
Bike Loop 4x (5.7km / 3.1m)
Malibu Tri ©2023
Malibu Tri ©2023
SUNDAY, OCT 1
Classic Distance
Option B:

Arizona Crossing flooded
Run Loop 1x (4 miles)
Bike Loop 3x (5.2km / 2.8m)
Arizona Crossing
Option B
Option B:

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1 Planning Commission
From: Ava Bise
Sent: Monday, September 18, 2023 4:11 PM
To: Planning Commission
Subject: YES for Malibu Triathlon Permit for Sept 30-Oct 1, 2023 Dear Planning Commission,
I strongly support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes and introduces many to the great sport of triathlon, and encourages a healthy lifestyle.

I deeply want to see the event go ahead at the end of the month.

Thank you,
Ava Bise, first-time participant in the 2022 Malibu Triathlon Los Angeles, CA
Exhibit F
1 Planning Commission
From: Alex Bryer
Sent: Sunday, September 17, 2023 9:18 PM
To: Planning Commission
Subject: Malibu Tri
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. If it occurs this will be my 6th Malibu Tri
I hope to see the event go ahead later this month.

Thank you,
Alex Bryer
1 Planning Commission
From:

Sent: Sunday, September 17, 2023 4:57 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. I was raised in Malibu and grew up walking from our home in Malibu West down to Zuma each year to watch my dad compete in the triathlon, and those weekends inspired me to want to compete in it one day as well.

The Malibu Triathlon is an incredible event that raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. In my first time through the race last year, I won the men’s 18-24yo age group in the Sprint, and I’m looking to do the same this year with the Olympic distance in the 25-29yo age group! I’ve been training hard for the past year for this, and it would be a shame to see all that go to waste at the last minute.

I hope to see the event go ahead later this month.

Thank you,
Alex Goodman
1 Planning Commission
From: Amy Gustincic < >
Sent: Monday, September 18, 2023 2:23 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I am wriƟng to express my support for the appeal for the Malibu Triathlon permit. This is a special event that helped introduce me to triathlons while raising money for the amazing Children’s Hospital.

Please approve the new permit and allow the event to go forward as planned.

Thank you,
Amy GusƟncic
1 Planning Commission
From: Ashley Kouchi
Sent: Sunday, September 17, 2023 7:21 PM
To: Planning Commission
Subject: To whom it may concern
Dear Planning Commission, I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I hope to see the event go ahead later this month. Thank you, Ashley
1 Planning Commission
From: Amy Lingo >
Sent: Monday, September 18, 2023 3:56 PM
To: Planning Commission
Subject: Malibu Triathlon: I SUPPORT THE APPEAL.

Dear Planning Commission,
I am a Malibu resident and a parƟcipate of The Malibu Triathlon and I support the appeal for The Malibu Triathlon permit. Over the years, I personally have raised $5K for this race and this event raises $1 million annually for Children’s Hospital Los Angeles. This race unites our acƟve community, promotes a great sport and encourages a healthy lifestyle.

I hope to see this event take place in 11 days.

Thank you for your Ɵme,
Amelia Lingo
September 16, 2023
Subject: Urgent Appeal to Support the Upcoming Malibu Triathlon Dear Esteemed Council Members,
Firstly, I'd like to express my gratitude for your dedication to our community. Your efforts are integral in making Malibu a vibrant place to live, work, and play.

I write to you today concerning the Malibu Triathlon, scheduled to take place in less than two weeks. This event is more than a sporting competition; it's a dream and a milestone for many local participants. For countless individuals, this event represents months, if not years, of rigorous training, personal investment, and a lifelong ambition to accomplish something extraordinary. It’s a bucket-list achievement that will be talked about for years to come.

Your support for this event not only honors this dedication but also offers an opportunity to encourage a culture of fitness and well-being in our community. A healthy community is a thriving community, and what better way to champion this than to stand behind an event that promotes physical activity and perseverance.

Los Angeles is on the brink of hosting the Olympics, and local events like the Malibu Triathlon set the stage for larger international events. By supporting the Triathlon, we jointly commit to elevating Malibu as a hub for cultural and sporting activities.

Athletes have invested much in their training, and local businesses have committed resources in anticipation of the event. A sudden cancellation would not only let down these dedicated individuals but also set a disappointing precedent for future community events.

I understand the complexity of balancing various interests and responsibilities in your roles. However, I kindly urge you to consider the broader benefits and the immediate impact on participants by supporting the Malibu Triathlon.

Thank you for your time and attention to this important matter.

Sincerely,
Adrian Maizey
Cell: | Home:
1 Planning Commission
From: Audra Mallow
Sent: Sunday, September 17, 2023 8:25 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I strongly and urgently support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

I am on the board of the ISA Triathlon Foundation and we are committed to bringing better health and fitness to children, adults, underprivileged, disabled, and all people. We also fully support the development of elite athlete, which is who competes in the Super League events following the Malibu Triathlon. Please, please allow these events to go forward this year.

Thank you,
Audra Mallow
Sent from my iPhone
1 Planning Commission
From: Armand Navabi
Sent: Sunday, September 17, 2023 5:46 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Armand Navabi
1 Planning Commission
From: Anthony Ross
Sent: Sunday, September 17, 2023 9:07 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Anthony Ross
1 Planning Commission
From: Ashton Schmidt >
Sent: Monday, September 18, 2023 4:09 PM
To: Planning Commission
Subject: Permit
Hello Malibu Planning Commission,
Thank you for all you do for the great city of Malibu.

I am an athlete parƟcipaƟng in the historic Malibu Triathlon. I understand that, due to the flooding, a new permit must be issued for the event. Anything you all could do to expedite the permit would be greatly appreciated. This is an iconic event that is enjoyed by thousands and, most importantly, raises money for a wonderful cause: the Children’s Hospital of Los Angeles. By allowing the event to go on, you are providing resources to children who desperately need it. Please, leaders, do what you can to allow the event go on. Thousands are counƟng on you and greatly appreciate your efforts.

Thank you again for all that you do.

Best,
Ashton Schmidt
1 Planning Commission
From: Alethia < >
Sent: Monday, September 18, 2023 3:51 PM
To: Planning Commission
Subject: Malibu Triathlon - Appeal Confirmation
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much for your consideration,
Alethia
1 Planning Commission
From: Barzin Pakandam >
Sent: Monday, September 18, 2023 11:33 AM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I also note that the Malibu Triathlon is something of an institution, bringing like-minded, health and community conscious people together for a great cause. It is an annual tradition for me and my family, and an amazing, fun-filled weekend. We understand that, with all things, the Malibu tri has gotten busier and more crowded over the years, and this can put strain on the community during the weekend, but I hope that this is something that can be worked out with organizers and the city to ensure that people are still afforded access (I am all in favor of capping the number of people at a number that is 20% less than current, which will promote less congestion and a better experience for attendees).

But while you consider this application, please consider the history of this triathlon and the reputation in the triathlete community as one of the best triathlon's in the world. Let's work together to keep its reputation, while improving the triathlon!
I hope to see the event go ahead later this month.

Thank you,
Barzin Pakandam
‐‐
Barzin Pakandam
(310)
1 Planning Commission
From: Bill Sampson < >
Sent: Monday, September 18, 2023 1:44 PM
To: Planning Commission
Subject: Item 5A, Agenda of 9/18/2023
Honorable commissioners:

Please deny the appeal filed by the Malibu Triathlon. It's time to obey our codes and rules.

MalibuBill
1 Planning Commission
From: Buffy Soule
Sent: Sunday, September 17, 2023 4:32 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I don't know all the details, but I really am hoping Malibu Triathlon gets a permit somehow!
I have been doing this event for the past 30 years and love it. I have always been soooo impressed how Malibu supports this race. The opportunity to ride bikes up the coast safely (or at least as safely as possible) is amazing. I wish more people could enjoy just that part of the race alone (for those that don't swim or run!) Usually I fear for traffic speeding so close to me so I rarely ride along the coast...but this is the one time during the year so many people can enjoy riding up and down the coast together in a safe way. It really brings so many people together to enjoy this amazing place and reminds everyone what a special place Malibu and California is.

In addition I know the race brings lots of fundraising money to the Children's Hospital, but to me it is bringing so many people together to celebrate the outdoors, fitness, earth and comradery. Seeing people who worked hard to accomplish their goals and seeing everyone celebrate really makes me feel this world is a great place. I always thank Malibu for that!
I hope some solution comes about so the race can continue. I wish you all luck figuring this out, whatever happens!!!
Thank you,
- Buffy Soule
(Long time Malibu participant)
1 Planning Commission
From: Chelsea Bingham >
Sent: Monday, September 18, 2023 1:53 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

It’s a great way to get more young people and women especially involved in this sport, which is very male-dominated. It’s a welcoming and safe environment to try something new, and it would be such a loss for this event to not go ahead. My first triathlon in 2019 was at Malibu, and I’ll be competing as a professional at the end of the year.

I hope to see the event go ahead later this month.

Thank you,
Chelsea Bingham
1 Planning Commission
From: Chance Horky
Sent: Sunday, September 17, 2023 8:41 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
My name is Chance. I’ve grown up and loved in Malibu my whole life. 3rd gen. The Malibu Tri has meant so much to my mother and I and we believe it adds to our special little community. I’d like to formally pass along my support for the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month, as do many of our local community family and friends
Thank you,
Chance Horky
1 Planning Commission
From: Christian Leeuw
Sent: Monday, September 18, 2023 4:40 PM
To: Planning Commission
Cc:

Subject: Appeal No. 23-006 - Malibu Triathlon
Dear Chair Peak and Members of the Planning Commission, I am writing to express my support for the appeal of the Malibu Triathlon and to ask the Commission to grant the TUP in order to allow the event to take place on schedule.

As you are aware, the event provides tangible benefit for the community in the form of revenue from the participants and their supporters and is highly anticipated each year.

More importantly the charity support and funds generated for the Children's hospital of Los Angeles can't be understated.

From the Malibu Times:
"Since 2007, the Malibu Triathlon has raised more than $17 million, resulting in the development of life-saving treatments that are helping children around the world in their fight against cancer. The acclaimed race welcomes triathlon enthusiasts, international athletes, celebrities and Fortune 500 companies all competing to raise money for the cause." SLT has adopted mature and responsible stewardship of the event and is attempting to find an equitable solution, I am personally asking that you help them find a way to continue this charitable tradition.

LtCol (Ret) Christian Leeuw
USMC

1 Planning Commission
From: Cody Leibel
Sent: Sunday, September 17, 2023 6:00 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I have done the event many times and provides a beautiful environment for kids and families from all over, allowing them to see how great Malibu reall is.

I hope to see the event go ahead later this month.

Thank you,
Cody Leibel
Sent from my iPhone
1 Planning Commission
From: Christian Markey III
Sent: Sunday, September 17, 2023 7:27 PM
To: Planning Commission
Subject: FW: Malibu Tri is the best!
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month. I’ve raced Malibu for 25+ years. Out of my 130+ triathlons, Malibu is a special and unique Tri, unlike no other.

Thank you,
Stay healthy, stay positive,
CHRISTIAN E. MARKEY III
CONFIDENTIALITY NOTICE: This e-mail and any files attached may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please destroy the original transmission and its attachments without reading or saving in any manner. Thank you. 1 Planning Commission
From: Conner Plant
Sent: Sunday, September 17, 2023 3:53 PM
To: Planning Commission
Subject: Malibu Triathlon Permit Appeal
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Conner Plant
1 Planning Commission
From: Pukszta, Claire A.

Sent: Monday, September 18, 2023 4:23 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much,
Claire Pukszta
1 Planning Commission
From: Chris Schott
Sent: Monday, September 18, 2023 4:26 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I am writing to express my strong support for the appeal for the Malibu Triathlon permit. This event has become a cherished tradition in our community, and its benefits are undeniable. Annually raising $1 million for Children's Hospital Los Angeles, the Malibu Triathlon not only showcases the spirit of our active community but also promotes a healthy lifestyle and encourages participation in a great sport.

The Malibu Triathlon brings people together in a unique and meaningful way. It fosters a sense of camaraderie among participants and spectators alike, reinforcing the bonds within our community. Moreover, it serves as a powerful reminder of the positive impact that organized sports can have on our physical and mental well-being.

I genuinely hope that you will grant the necessary permit for the Malibu Triathlon to proceed as planned in a few weeks.

This event not only benefits the hospital but also enriches the lives of those who participate and attend. It is an important and cherished tradition that should continue for years to come.

Sincerely,
Chris Schott
1 Planning Commission
From: Torres, Carmen < >
Sent: Monday, September 18, 2023 3:46 PM
To: Planning Commission
Subject: Urgent - Please read re: Malibu Triathlon.

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Planning Commision.

My name is Carmen Torres, and I am part of the greatest team, Disney Triathlon Team. I support the appeal for the Malibu Triathlon permit.

This Malibu Triathlon event raises $1Million annually for the Children's Hospital Los Angeles. This money is to find cures for cancer. Isn't this amazing for the families and the little ones with cancer.

Plus, the event brings our community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thank you so much.

Carmen Torres |Staff Business Architect |Enterprise Technology|C 1 Planning Commission
From: Charles Won
Sent: Monday, September 18, 2023 5:11 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much,
Charles Won
1 Planning Commission
From: David Albrecht
Sent: Sunday, September 17, 2023 5:39 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I have participated in the Malibu triathlon for more than 20 years.

It is a great local event. It has for several years now raised money for Children’s Hospital Los Angeles -- I just happen to be Team Warner Bros top fundraiser ; ) .

I was surprised to learn that permitting was still in question, and I hope to see the event go ahead later this month.

Thank you,
David Albrecht
1 Planning Commission
From: Bremer, Danna < >
Sent: Monday, September 18, 2023 4:07 PM
To: Planning Commission
Subject: Malibu Triathlon permit appeal
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member, who has worked so hard training and raising money, so that we can successfully be the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much.

Danna Bremer
Senior Producer, Audio
Disney Consumer Products, Games, & Publishing
1200 Grand Central Ave, 3rd Floor, 3165H
O: M: (
1 Planning Commission
From: David Burchianti
Sent: Sunday, September 17, 2023 9:20 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event helps so many people in the community to bond together and to improve their physical and mental health. To cancel or postpone such a positive and historically well executed event (especially over red tape issues) would be a real shame.

Thanks for listening.

David Burchianti
1 Planning Commission
From: Dave Burchianti
Sent: Sunday, September 17, 2023 9:44 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
Please figure this out. 4,000 people have put thousands of hours training for this raising $million for Children’s Hospital. Do the right thing here.

Thanks.

David Burchianti

1 Planning Commission
From: Palmer, Dora
Sent: Monday, September 18, 2023 4:47 PM
To: Planning Commission
Subject: Malibu Triathlon Permit
Dear Planning Commission,
My name is Dora, I am 26-years old, and I'm a hopeful first-time triathlete.

I am writing to support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I would be in favor of changing the race to a course that hopefully does not endanger the endangered Gobi fish.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much!
Best,
Dora
‐‐

1 Planning Commission
From: Pinnt, Danielle F. < >
Sent: Monday, September 18, 2023 3:45 PM
To: Planning Commission
Subject: Appeal for Malibu Triathlon Permit Change
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much,
Danielle Pinnt |DGE Controllership
1 Planning Commission
From: Dganit Shtorch
Sent: Sunday, September 17, 2023 5:01 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I have been participating in this event since 2009 - soon after I was diagnosed with Multiple Sclerosis, which helped me make a huge lifestyle change. I have since been a part of the triathlon community, staying active in endurance sports which I hope helps me keep the progression of MS at bay. There is really no other event quite like it in Southern California. And I know this because I grew up in Beverly Hills, attended USC and now live in Santa Monica. I participate in this event every year (since 2009) both on Saturday and Sunday. My friends and colleagues also participate, whether in the full tri event or in relay teams.

I cherish this event, look forward to it every year and appreciate all this event does for the community, the participants and, most importantly, to Children’s Hospital.

I hope to see the event go ahead later this month and in the coming years.

Thank you,
Dganit Shtorch
1 Planning Commission
From: Daniel Sorger
Sent: Sunday, September 17, 2023 3:09 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Daniel Sorger
1 Planning Commission
From: Derek Watkins
Sent: Sunday, September 17, 2023 6:05 PM
To: Planning Commission
Subject: Malibu Triathlon Appeal
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Derek Watkins
1 Planning Commission
From: Edy Kishinevsky
Sent: Sunday, September 17, 2023 3:08 PM
To: Planning Commission
Subject: Malibu Triathlon permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Edy Kishinevsky
1 Planning Commission
From: Eli Selzer < >
Sent: Monday, September 18, 2023 12:06 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

On a personal level, the triathlon has an immense amount of meaning for me. I have raised funds and competed multiple times, and it is a point of great pride that I am able to do both. Losing the chance to showcase the natural beauty of Malibu would be an immeasurable tragedy.

I hope to see the event go ahead later this month.

Thank you,
‐‐
Eli Selzer
1 Planning Commission
From: Eric Tapking < >
Sent: Monday, September 18, 2023 2:32 PM
To: Planning Commission
Subject: Please Approve the Malibu Triathlon Permit
Dear Planning Commission,
Please approve the revised Malibu Triathlon permit that will allow the event to go forward in a few weeks.

This event is a critical fundraiser for Children’s Hospital Los Angeles and typically raises over $1M annually for this organization.

Thank you,
Eric Tapking
1 Planning Commission
From: Gina Browne
Sent: Sunday, September 17, 2023 10:04 PM
To: Planning Commission
Subject: Support for Malibu Triathlon
CAUTION: This email originated from outside of the organizaƟon. Do not click links,reply or open aƩachments unless you recognize the sender and know the content is safe.

I hope to see the event go ahead later this month.

Thank you,
Gina Browne
Sent from my iPhone
1 Planning Commission
From:

Sent: Saturday, September 16, 2023 2:55 PM
To: Planning Commission
Cc:

Subject: Permit hearing for Malibu Triathlon
Dear Malibu Planning Commission,
I’ve just been made aware that there is a chance that the 2023 Malibu Triathlon might not get the necessary permits to take place .

As an athlete and father of athletes this would be a major disappointment . I have competed in the Malibu Tri and have seen the posiƟve contribuƟon the organizers have made to local chariƟes and inspired generaƟons of young athletes .

We need as many outdoor events that can get young kids from all areas of our beauƟful city , to compete and enjoy the beauƟful oceans , beaches and roads that Malibu has to offer.

Please do not let a permit technicality stop this great family orientated event from occurring .

We have the Olympics around the corner and we need the world to recognize our City as an exercise forward leader in world sports , especially triathlon given our stunning environments .

Thank you in anƟcipaƟon of approving the Malibu Triathlon permit.

Thank you,
Gary Bub
Sent from my iPhone
1 Planning Commission
From: Cubero, Giovanni < >
Sent: Monday, September 18, 2023 2:25 PM
To: Planning Commission
Subject: Support for Malibu Triathlon
Dear Planning Committee,
My name is Giovanni Cubero, and I am writing to express my strong support for the Malibu Triathlon, as a Warner Bros employee who has participated in the corporate event for over 10 years.

The Malibu Triathlon is a world-class event that benefits the Children's Hospital of Los Angeles. I am always proud to be a part of this race, and I have seen firsthand the impact that it has on the community.

This year, the triathlon is facing some challenges, but I believe that they can be overcome. The organizers have proposed an alternative course that does not use the underpass at Zuma and does not further disrupt local traffic. They have also committed to working with the city to mitigate any environmental impacts.

I urge you to approve the event permit for the Malibu Triathlon. It is a great event for the athletes, the Malibu community, and the sport of triathlon. It is also an important source of funding for the Children's Hospital of Los Angeles.

Sincerely,
Giovanni Cubero Warner Bros employee 10+ year Malibu Triathlon participant P.S. I am always proud of the money that is raised for the Children's Hospital of Los Angeles, and this race is something that helps inspire the community.

Gio Cubero
M:

Domestic Film Distribution: Director of Sales Western and Southern Divisions 1 Planning Commission
From: George Eyles
Sent: Sunday, September 17, 2023 3:20 PM
To: Planning Commission
Subject: Malibu Triathlon Permit
Dear Planning Commission
I support the appeal for the Malibu Triathlon permit.

Not only does the event raise $1m per year for a children’s hospital in Los Angeles it serves to bring together a community of racers from the local area who are engaged in a healthy pastime.

Triathlon supports mental and physical health of many and stopping the race will directly and negatively impact 1,000 of participants.

I very much hope to see this event happening this year and in the future.

Best regards
George
1 Planning Commission
From: Grant Hosticka < >
Sent: Monday, September 18, 2023 5:57 AM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
Have been training hard this year and I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Grant Hosticka
1 Planning Commission
From: Giulio Ongaro
Sent: Sunday, September 17, 2023 7:40 PM
To: Planning Commission
Subject: Permit for Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I have participated for a few years as an athlete and I am really looking forward to racing again in this wonderful event.

I hope to see the event go ahead later this month.

Thank you,
Giulio Ongaro
1 Rebecca Evans
From: SKYLAR PEAK < >
Sent: Monday, September 18, 2023 3:31 PM
To: Rebecca Evans
Subject: Fwd: Thank you, Skyler. Please see below for my letter:

CAUTION: This email originated from outside of the organization. Do not click links,reply or open attachments unless you recognize the sender and know the content is safe.

Please see below for tonight’s meeting.

Skylar
Begin forwarded message:

From: Gregorio Stephenson <
Date: September 18, 2023 at 2:20:06 PM PDT
To: SKYLAR PEAK < >
Subject: Thank you, Skyler. Please see below for my letter:

Hello, my name is Gregorio Stephenson and I am writing to ask for your support for the upcoming 17th Annual CHLA Triathlon. We have supported this event throughout the years and it has become incredibly impactful to my family, and especially my Son.

He was first diagnosed with cancer in 2015 and was put into treatment, where he was in and out of the children’s hospital for 3.5 years. Today, he is a strong and healthy 19-year-old, with a brilliant future ahead of him. All of this was made possible because of events like this one.

The CHLA triathlon brings people from Los Angeles and the surrounding areas and gives them a place to show their support and raise awareness. These events give insight to what CHLA provides and what a vital role this hospital plays in our community.

I am asking that you please take everything into consideration when making your decision to allow the event to proceed as it has these past 16 years, with hopes we continue for the next

16. I cannot emphasize enough how important CHLA is to me personally, and to the families of Malibu.

Sincerely,
Gregorio Stephenson
Corporate Chef
Nobu
Pacific Coast Highway
Malibu, Ca 90265
1 Planning Commission
From: Hunter Glass >
Sent: Monday, September 18, 2023 11:53 AM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I have been a Malibu resident for most of my life, and I have competed in this race since I was 14. It would be a tragedy to lose this race as it brings so much attention and awareness for the children's hospital, and it highlights our wonderful coast.

I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Hunter Glass
1 Planning Commission
From: Heather Wildman
Sent: Sunday, September 17, 2023 5:34 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I have been a local malibuite since I was 12 years old (1980) and I have been competing in the Malibu triathlon since I was 21 (1989). The Malibu triathlon was my first introduction to racing and it changed my life. Racing made me the person I am today. There are so many positive life lessons to be learned from racing, especially for girls! I live in Malibu Park and experience the race, first hand, year after year and yes it might be a little disruptive to the locals but it is really only disruptive till about 10-12pm, 2 days a year. I feel it’s less disruptive than a typical summer weekend when the weather is nice. I just plan ahead. I support the Malibu Triathlon and beg you to continue to allow them to continue running the race.

This event also raises $1 million annually for Children’s Hospital Los Angeles and brings people to our community that have purchasing power at our local businesses. It also brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Heather Wildman
Be Active!
Be Healthy!!
Be Inspiring!!!
1 Planning Commission
From: jeff anderson >
Sent: Monday, September 18, 2023 7:25 AM
To: Planning Commission
Subject: Do not cancel the Malibu Triathlon!
Please do not cancel this year's Malibu Triathlon. Over 5,000 elite athletes participate every year from around the world and train all year in preparation for one of major events of the year, now in its 38th year. Please do what is necessary to make the event happen. I support environmental causes but stopping the event for a fish species that will die when the underpass waters dry up is not a common sense decision.

Jeff Anderson
1 Planning Commission
From: J B >
Sent: Monday, September 18, 2023 2:29 PM
To: Planning Commission; ; [email protected]; Doug Stewart; Marianne Riggins; Paul Grisanti; Bruce Silverstein; Steve Uhring Subject: Malibu Triathlon 2023
To all involved in the permitting of the Malibu Triathlon:

To lose the race this year due to a technicality over permit processing time frames would be an absolute tragedy. Not just to race participants, sponsors, vendors and employees, but the Malibu Tri brings in millions of dollars for CHLA and in revenue for LA small businesses and residents. You must know that failing to have a race this year is a death sentence for the Malibu Tri forever. All trust will be lost, and the pro racers and sponsors will not come back. How will the news articles read, City of Malibu officials deny permit for race, Pediatric Cancer Research at CHLA loses $1M in funding this year alone. The race has raised $17 million for Children's Hospital LA, and $50 million in total charity over the years.

Moreover, the race is a major milestone achievement for thousands of LA residents and corporate teams, and brings in millions of dollars every year to the local community.

I strongly urge you to find a way to allow the race to go forward, one of the last major participation races in LA and the third largest in the country, to which people from all over the world fly in to participate. Anything short of permitting the race to move forward as planned would be an absolute blunder and tragedy for the city of LA.

Jonathan Barach
Los Angeles Resident
Race Participant
1 Planning Commission
From:

Sent: Sunday, September 17, 2023 6:04 PM
To: Planning Commission
Subject: Malibu Tri
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. As a longƟme Malibu resident triathlon parƟcipant, I LOVE this event.

It is a great community building weekend and raises significant money for the Children’s Hospital Los Angeles.

I hope to see the event go ahead later this month.

Thank you,
Jared Cohen
____________________________
Jared Cohen
1 Planning Commission
From: Jon Graham >
Sent: Monday, September 18, 2023 10:30 AM
To: Planning Commission
Subject: Triathlon
Commissioners,
I am one of many Malibu residents who have been geƫng ready to once again swim, bike, and run at the triathlon this year. A great showcase for our community, for community health, and for raising money for children’s health. Please make sure this event goes forward again. Thank you.

Jon Graham
Ridgemont Drive
Sent from my iPhone
1 Planning Commission
From: Jennifer Kozicki
Sent: Sunday, September 17, 2023 3:11 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. I have done this event for many years and it is a marquee event for the LA community. This year I am competing with a corporate team that has raised over $30,000 for Children’s Hospital Los Angeles. It would be a travesty for CHLA and the local community to lose this event this year or going forward.

Thank you for your consideration and compassion for the families at CHLA.

Jennifer Kozicki
1 Planning Commission
From: Kronick, Jackie < >
Sent: Monday, September 18, 2023 11:33 AM
To: Planning Commission
Subject: Show must go on!
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Jackie
Jackie Kronick
Publicist, Communications TLC
C:
wbd.com
1 From: Lewis, Joe J. <J >
Sent: Monday, September 18, 2023 3:53 PM
To: Planning Commission <[email protected]> Subject: Malibu Triathlon Permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much.

Joe Lewis
Joe Lewis
Cell:

DE - Finishing Editor
since 2016/Feb
1 Planning Commission
From: Jim Lubinski >
Sent: Monday, September 18, 2023 9:50 AM
To: Planning Commission
Subject: Please Approve Malibu Triathlon
Dear Malibu Planning Commission,
I am a triathlon coach to hundreds of Malibu Triathlon parƟcipants and many Ɵme finisher and winner of the Malibu Triathlon. Having raced thousands of races world wide, I can honestly say the Malibu Triathlon is the most premier race experience I have taken part in. There is a special feeling at the Malibu tri because of what it brings to the triathlon community but more importantly what it raises for CHLA. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

I support the appeal for the Malibu Triathlon permit. I hope to see the event happen in 2 weeks.

Thank you,
Jim Lubinski
310‐
Sent from my iPhone
1 Planning Commission
From: J L
Sent: Sunday, September 17, 2023 7:25 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
John lucarelli
John A. Lucarelli
1 Planning Commission
From: James Martinez
Sent: Sunday, September 17, 2023 10:32 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission
I am a parƟcipaƟng triathlete in the Malibu triathlon scheduled for September 30, 2023.

I have been a contribuƟng parƟcipant for the last
7 years. My main reason for parƟcipaƟng in this event is the Beneficiary. For as long as I can remember CHLA has been the beneficiary.

It’s a very worthy cause for all the dedicaƟon and love They have for all of Gods liƩle angels! Sent from my iPhone
1 Planning Commission
From: JAMES MCGEE
Sent: Sunday, September 17, 2023 9:13 PM
To: Planning Commission
Cc: Inez
Subject: Malibu Triathlon
Dear Planning Commission,
My name is Jim McGee and I reside at 29233 Bluewater Road. As a longƟme resident of Point Dume AND previous 5X parƟcipant of the Malibu Triathlon, I fully support you to upload the appeal by Malibu Triathlon and approve the 2023 event permit. This event has taken place for 38 years, has raised over 18 million dollars for Pediatric Cancer Research at Children’s Hospital LA, which benefits kids throughout LA County, including Malibu. There are hundreds of local residents who parƟcipate, in addiƟon to celebriƟes, corporate teams and other Los Angelenos.

As a personal appeal, I started compeƟng in the Malibu Triathlon when I found out I was having a cancer occurrence, and would need to undergo chemotherapy, addiƟonal radiaƟon, etc. I was terrified of ocean swimming, and so learned to swim the crawl at 60 years old, overcame my fear of swimming in the ocean, and completed my first triathlon. The skills I learned training and compeƟng have been invaluable as my cancer treatments have conƟnued. And I also saw many of my fellow Malibuites on the course and in training. To me, this feels like a local event.

I also learned how many of the triathletes train in Malibu, and when they do they spend money in our restaurants and other businesses — Spruzo’s, Kristy’s, Lily’s, and Cafe de la Plage, among others. How do I know that — I’ve spent money in those businesses with them!
The revised bike course of loops on PCH and Zuma Beach is of minimal disrupƟon to the community than in previous years, and will allow this event to conƟnue both it’s tradiƟon and much needed fundraising.

I appreciate all the planning commission did to help us in our rebuild process aŌer the Woolsey Fire, and I use with joy the cuƫng board you gave us with our cerƟficate of Occupancy.

Please uphold the event producer’s appeal and approve the event.

I know you have a lot on your plate — but please help this organizaƟon and event that have meant so much to so many of us.

Thank you.

James McGee
1 Planning Commission
From: Jasmine Moezzi
Sent: Sunday, September 17, 2023 3:03 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

Myself and all my athletes have trained very hard for this event, and it would be a tragedy for it to be canceled so close to race day. I hope to see the event go ahead later this month.

Thank you,
Jasmine Moezzi
1 Planning Commission
From: Park, Jiah < >
Sent: Monday, September 18, 2023 12:01 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I have been training for the first time ever to compete in a Tri and am excited to take part in this beautiful race that brings hundreds/thousands of LA folks together.

I hope to see the event go ahead later this month.

Thank you,
Jiah Park
Content Strategy & Analysis
1 Planning Commission
From: Park, Julie < >
Sent: Monday, September 18, 2023 3:46 PM
To: Planning Commission
Subject: In Regards to Malibu Triathlon...

Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle. As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thank you so much.

Sincerely,
Julie Park
1 Planning Commission
From: Jamie Patricof >
Sent: Monday, September 18, 2023 10:43 AM
To: Planning Commission
Subject: Malibu Triathalon
Dear Planning Commission,
As someone who has been coming to Malibu for over fifteen years, I truly love Malibu. Over that time and more specifically the past 5 years, I have become a triathlete. One of the highlights of Malibu besides its beaches is its biking, running and swimming opportunities. This has made it a perfect place to have a triathalon to showcase these aspects of our community. In light of this I strongly support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month. It would be a tragedy if it didn’t happen.

Thank you,
Jamie Patricof
Jamie Patricof
Sunset Blvd
Suite
Los Angeles, CA 90028
1 Planning Commission
From: Jesse Walker
Sent: Sunday, September 17, 2023 3:55 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Jesse Walker
‐‐
1 Planning Commission
From: John Wall >
Sent: Monday, September 18, 2023 6:52 AM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Kind Regards,
JW ͱͲͳʹ
John. Wall
Sent from Yahoo Mail for iPhone
1 Planning Commission
From: John Wirfs >
Sent: Monday, September 18, 2023 9:25 AM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commissioners:

I'm writing in support of the appeal for the Malibu Triathlon Permit.

The Malibu Triathlon was my very first triathlon and I've gone on to continue in the sport - it's brought me great physical and mental well being over the years. Furthermore, I've been participating in the annual event since 2012 and not only is it a wonderful event in the triathlon calendar generating economic impact for the area, but also raises funds for Children's Hospital.

I hope to see the event continue later this month.

Thank you for your consideration,
John
1 Planning Commission
From: Kristin Diehl < >
Sent: Monday, September 18, 2023 10:57 AM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit.

I have raced this course many times and the event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I would also argue that the event brings people to Zuma/Malibu and its surrounding businesses year round
I hope to see the event go ahead later this month.

Thank you,
Kristin Diehl
‐‐
Kristin Diehl, PhD
Professor of Marketing
1 Planning Commission
From: Gonzalez, Katia
Sent: Monday, September 18, 2023 4:23 PM
To: Planning Commission
Subject: Support For the Appeal For The Malibu Triathlon Permit Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much.

Katy Gonzalez
she/her/hers
1 Planning Commission
From: Karen Herrera < >
Sent: Monday, September 18, 2023 3:59 PM
To: Planning Commission
Subject: Appeal for Malibu Triathlon
Dear Malibu City Planning Commission,
I'm writing to share my support for the appeal of an alternate route for the Malibu Triathlon. The triathlon raises $1 Million annually for Children's Hospital Los Angeles for critical research. It also brings communities together for a great fundraising cause. As a new Team Disney member, the highest fundraising corporate team of 2023, I hope to see the event go forward on Sept 30‐ Oct 1 with an alternate route.

Thank you,
Karen Herrera
1 Planning Commission
From: Kevin Herrera
Sent: Sunday, September 17, 2023 6:57 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Kevin Herrera
Sent from my iPhone
1 Planning Commission
From: Kyle Martin
Sent: Sunday, September 17, 2023 3:14 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Kyle Martin
1 Planning Commission
From: Katie Vinson >
Sent: Monday, September 18, 2023 3:43 PM
To: Planning Commission
Subject: Malibu Triathlon Appeal
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much for reading my message.

Best,
Katie
‐‐
―――
Katie Vinson (SHE / HER / HERS)

SENIOR SOFTWARE ENGINEER, PIPELINE INFRASTRUCTURE
M m m
1 Planning Commission
From: Leesa Eichberger
Sent: Sunday, September 17, 2023 3:12 PM
To: Planning Commission
Subject: Malibu triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Leesa Eichberger
1 Planning Commission
From: LEONARD IMADA
Sent: Sunday, September 17, 2023 10:03 PM
To: Planning Commission
Subject: Malibu tri
Sent from my Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Leonard Imada
1 Planning Commission
From: Lauren Lucarelli
Sent: Sunday, September 17, 2023 7:18 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Lauren Lucarelli
1 Planning Commission
From: Rosenberger, Lisa
Sent: Monday, September 18, 2023 4:26 PM
To: Planning Commission
Subject: Malibu Triathlon permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. My family and company Warner Bros have been doing this even for over 18 years now. Please let us continue. It is vital to our community to help bring awareness.

I hope to see the event go ahead later this month.

Thank you,
Mary Kane
1 Planning Commission
From:

Sent: Sunday, September 17, 2023 5:52 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Lisa Stern, MD
2 Sent from my iPhone
1 Planning Commission
From: Mike Andrulis
Sent: Sunday, September 17, 2023 10:41 PM
To: Planning Commission
Subject: Malibu Triathlon 2023
Dear Malibu Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. While I am not competing this year due to an injury, I have in years past and plan to again in the future.

I hope to hear that the event goes ahead on September 30 ‐ October 1, 2023.

Thank you,
Mike Andrulis
1 Planning Commission
From: Moritz Baier-Lentz
Sent: Sunday, September 17, 2023 3:31 PM
To: Planning Commission
Subject: I support the appeal for the Malibu Triathlon permit Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Moritz Baier‐Lentz
1 Planning Commission
From: Michelle Boll
Sent: Sunday, September 17, 2023 4:50 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I have been participating in this event since 2015. Back then my partner was diagnosed with Multiple Sclerosis and since being a part of the triathlon community, staying active in endurance sports has helped her keep the progression of MS at bay. There is really no other event quite like it in Southern California.

I hope to see the event go ahead later this month.

Thank you,
Michelle Boll
1 Planning Commission
From: Michael Burak
Sent: Sunday, September 17, 2023 6:04 PM
To: Planning Commission
Subject: I live on los Flores canyon- triathalon
Dear Planning Commission,
I live on los Flores canyon and have participated in last year’s triathlon and am registered for this year too.

It’s so much fun to see all these athletes practicing and competing.

I hope to see the event go ahead later this month.

Thank you,
Michael Burak
1 Planning Commission
From: Meghan G
Sent: Sunday, September 17, 2023 6:12 PM
To: Planning Commission
Subject: Malibu Tri 2023
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1M annually for the Children’s Hospital of Los Angeles, brings out acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

As I, and fellow athletes, have spent countless hours training for this event, I hope to see the Malibu Tri go ahead later this month.

All my best,
Meghan
Sent from my iPhone
1 Planning Commission
From: Michelle gray
Sent: Sunday, September 17, 2023 4:54 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Hi Planning commiƩee,
Please give the permit to the Malibu Tri. This event raises over $1m for the L.A. Children’s hospital and is an awesome event for age‐group triathletes. I have trained for months for this event and it will be crushed if it gets canceled.

Thanks,
Michelle Gray
1 Planning Commission
From:

Sent: Sunday, September 17, 2023 5:27 PM
To: Planning Commission
Cc: Kim Harrington; Chris Leeuw;
Subject: Appeal No. 23-006 – Appeal of Planning Director’s denial of Temporary Use Permit No. 23-004 for the Malibu Triathlon
Malibu Planning Commission,
I am wriƟng in support of the Appeal No. 23‐006.

Understanding the permit change was submiƩed a few days late. The situaƟon changed just days before the deadline, and it seems race organizers have tried to address all items in a Ɵmely manner.

Planning on running this triathlon takes months of planning and training. At 58 years old, I don’t have many of these events to go. My wife and I plan on coming into town, staying at a hotel and enjoying the local atmosphere.

The Malibu triathlon is one of SoCal’s best events. A gorgeous bike course. It would be a shame to miss.

I request you allow the event to conƟnue with whatever changes necessary for the planning commission.

Thank you.

Marty Harrington
1 Planning Commission
From: Masaru Horiuchi
Sent: Sunday, September 17, 2023 7:57 PM
To: Planning Commission
Subject: I support the appeal for the Malibu Triathlon permit.

I hope to see the event go ahead later this month.

Thank you,
Sincerely,
Masaru Horiuchi
1 Planning Commission
From:

Sent: Monday, September 18, 2023 3:19 PM
To: Planning Commission
Subject: Malibu Triathlon permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit.

I have been doing the triathlon for the past 11 or 12 years now.

This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I have raised several thousand dollars for this charity event over the years.

I hope to see the event go ahead later this month.

Thank you,
Michael Martinez
1 Planning Commission
From: Mary Kane >
Sent: Monday, September 18, 2023 12:32 PM
To: Planning Commission
Subject: Malibu Triathlon Support, a personal letter
Dear Malibu Planning Commission,
This will be my 22ND consecutive year of helping raise millions of dollars for the Children's Hospital and coaching hundreds of athletes who dedicate months of their lives every year to train and to support this worthy endeavor, the Malibu Triathlon. I asked a friend to join me in 2004 and the next year I helped her start the WarnerBros Triathlon Team. That led to me changing my career from a Marriage and Family Therapist to being a Triathlon Coach. I have introduced over a thousand people to the sport through the Malibu Triathlon. I even did a safe modified version with my team in 2020, when the race was cancelled due to the pandemic. This is one of the only races which promotes the entertainment business world to come together having nothing to do with their work, but instead with health, wellbeing, and an awesome cause. Where else have you ever seen Disney, Warner Bros, Paramount, Universal, etc... come together? I work with people all year long and train with them. However, the Malibu Triathlon is where both the experienced athletes and the new athletes have an opportunity to race together for an amazing cause - CHILDREN'S HOSPITAL! Please provide the necessary Malibu Triathlon permit. First and foremost, over $1 million would be raised for Children’s Hospital Los Angeles, and there are so many other benefits. It encourages people to visit Malibu that otherwise wouldn't. It gets people outside, living a healthy lifestyle, and it fosters a sense of community. For many people, it's a bucket list event--something they are proud of for the rest of their lives. Without this local race, they would likely never participate in a triathlon. It's so important for many people who participate.

Any minor inconvenience to automobile drivers that may occur lasts only a few hours and is a small price to pay for saving children's lives and preserving the huge dedication of time and money that thousands have made to support this needed event.

We all hope to see the event go ahead later this month and allow all these wonderful contributions to proceed and to have a major impact once again on children's lives and the community as a whole.

I've trained all my athletes all summer, we have new racers who are excited for their first triathlon, and we have all raised money from friends and coworkers who are counting on us all to finish the race. Please let this tradition continue.

Thank you,
Mary Kane of Tri-Life Coaching:

You are a WINNER every time you get to the start line!! 1 Planning Commission
From: Maria Marrone
Sent: Sunday, September 17, 2023 3:27 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Maria Marrone
Sent from my iPhone
1 Planning Commission
From: Mark McMillan
Sent: Saturday, September 16, 2023 7:04 PM
To: Planning Commission
Subject: Malibu Triathlon - important évent for LA County Dear Commission :

I just learned of the denial of permit for the Malibu Triathlon ‐ I want to express my concern and total surprise by this decision

1. The Malibu Triathlon was my first race decades ago that led to many years of triathlons and compleƟng 5 Ironman races. The start all happened at the Malibu race at Zuma beach

2. The impact of training and compeƟng in triathlons changed my life, helped me improve my health and most importantly set an example to my kids who now are physically acƟve and parƟcipate in Triathlon. We need MORE not less events to help kids get out and be acƟve, off their phones, away from screens and challenging themselves in a posiƟve endeavor.

3. Community events that bring people together, families and friends fosters community and coming together. In a divided society, we need more not fewer athleƟc events to bring people together in a posiƟve gathering.

4. Raising Funds for Children’s Hospital. I live 1 mile from Children’s Hospital ‐ I see for myself the posiƟve impact this insƟtuƟon has on our community ‐ over the years the Mailbu triathlon has raised a ton of money to support this vital healthcare lifeline for all of LA county. It’s essenƟal we conƟnue to support Children’s, through parƟcipants raising money for the hospital. This is so important !
Please re consider your decision and please suppprt this important community event.

Kind regards,
Mark McMillan

1 Planning Commission
From: Michael Middleton
Sent: Sunday, September 17, 2023 6:32 PM
To: Planning Commission
Subject: Malibu Tri
Please make the sensible call regarding the permit approval for the upcoming Malibu Tri.

As you well know, this is a huge fundraiser for children's hospital.

Please don't deny the opportunity to make the right call that will be a positive for the children and the people of Malibu.

Thank you,
Michael Middleton
1 Planning Commission
From: michael morrissette
Sent: Sunday, September 17, 2023 4:46 PM
To: Planning Commission
Dear Planning Commission,
I would hope that you can issue a permit to the Malibu triathlon series for later this month. It is a fundraising event for the community and very well organized. I hope that could resolve the issues with the course and continue to support something that is so good for the community. This is such a positive event that promotes competition and a healthy lifestyle. It represents the community of Malibu well.

Dr. Michael Morrissette
Triathlete
1 Planning Commission
From:

Sent: Sunday, September 17, 2023 3:32 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Matt Nerlinger
Sent from my iPhone
1 Planning Commission
From: Maidie Oliveau
Sent: Sunday, September 17, 2023 9:53 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission, I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I hope to see the event go ahead later this month. Thank you, Maidie Oliveau
Sent from Gmail Mobile
1 Planning Commission
From: Salenga, Mark < >
Sent: Monday, September 18, 2023 3:45 PM
To: Planning Commission
Subject: In Support of the Appeal for the Malibu Triathlon Permit Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much.

Kind regards,
Mark
‐‐
Mark Salenga
Associate Producer | Digital Experiences
Disney Parks, Experiences & Products
1 Planning Commission
From: Martin Tanisaki
Sent: Monday, September 18, 2023 1:21 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Martin Tanisaki
1 Planning Commission
From: Mike Tosch
Sent: Sunday, September 17, 2023 8:51 PM
To: Planning Commission
Subject: Keep Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Mike Tosch
1 Planning Commission
From: Nicole Kucera
Sent: Monday, September 18, 2023 5:44 PM
To: Planning Commission
Subject: Malibu Triathalon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I personally race for a dear friend I lost in high school due to pediatric cancer, and I know many others are racing/training and fundraising in honor of loved ones.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. I am hoping for a permit change with a solution to a bike path that meets wildlife's and the triathlon needs! Thank you so much for your time.

Sincerely,
Nicole Kucera
1 Planning Commission
From: Patrick Hartman
Sent: Sunday, September 17, 2023 4:29 PM
To: Planning Commission
Subject: Malibu Triathlon Support - please help this amazing event continue Dear Planning Commission,
I am a long time participant in this amazing event. I've been racing all over the country for the last 30 years and this event is one of my favorites for so many reasons. I'm distressed to hear that it may not happen.

I hope to see the event go ahead later this month.

Respectfully,
Patrick Hartman
1 Planning Commission
From: Patrick Schott
Sent: Monday, September 18, 2023 4:25 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Patrick Schott
1 Planning Commission
From: Ryan St. George
Sent: Sunday, September 17, 2023 4:54 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Ryan St. George
Sent from my iPhone
1 Planning Commission
From: Rachel Griswold < >
Sent: Monday, September 18, 2023 8:56 AM
To: Planning Commission
Subject: Malibu Triathlon permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I've been training hard and I hope to see the event go ahead later this month.

Thank you,
Rachel Griswold
‐‐
Rachel Griswold
1 Planning Commission
From:

Sent: Monday, September 18, 2023 8:50 AM
To: Planning Commission
Subject: Malibu Tri permit
I declare my strong support for the Malibu Triathlon and for the city of Malibu to issue the permit for the event which the revised plan will not utilize the underpass and also not further impact traffic on PCH.

Richard G.
1 Planning Commission
From: Rusty Heyman
Sent: Sunday, September 17, 2023 5:34 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. This was my first triathlon. I might not have done triathlon and changed my health and in turn my life if it was not for this event. It is many people's first triathlon. This event literally changes lives for the better. Please don't take that away.

I hope to see the event go ahead later this month.

Thank you,
Rusty Heyman
1 Planning Commission
From: Rob Koh
Sent: Sunday, September 17, 2023 3:25 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Robert Koh
Please excuse typos. Sent from my iPhone
1 Planning Commission
From: Rose McKay >
Sent: Monday, September 18, 2023 10:11 AM
To: Planning Commission
Subject: Malibu Triathlon permit...

Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Rose McKay
ROSIE
1 Planning Commission
From: Scott Nilson >
Sent: Monday, September 18, 2023 10:28 AM
To: Planning Commission
Subject: Fwd: Malibu Tri RFP Support
Dear Planning Commission,
I am forwarding this email from Richard Santos for the appeal of the Malibu Triathlon permit denial, Thank you,
‐ Scott
‐‐‐‐‐‐‐‐‐‐ Forwarded message ‐‐‐‐‐‐‐‐‐
From: Ricardo D Santos >
Date: Mon, Sep 18, 2023 at 11:13 AM
Subject: Malibu Tri RFP Support
To: < >
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Ricardo Santos
Sent from my iPhone
1 Planning Commission
From: Ryan S. Davis >
Sent: Monday, September 18, 2023 9:42 AM
To: Planning Commission
Subject: Malibu Triathlon Support (not a form letter)
Dear Malibu Planning Commission,
This will be my 11th consecutive year racing the Malibu Triathlon. I even did it in 2020, when the race was cancelled due to the pandemic. I trained over the summer, arrived on what would have been race day, and did the full event that day, as a celebration for my birthday. The Malibu race is a big part of who I am.

Please provide the necessary Malibu Triathlon permit. Besides the $1 million every year for Children’s Hospital Los Angeles, there are so many other benefits. It encourages people to visit Malibu that otherwise wouldn't. It gets people outside, living a healthy lifestyle, and it fosters a sense of community. For many people, it's a bucket list event--something they are proud of for the rest of their lives. Without this local race, they would likely never participate in a triathlon. It's so important to many people to participate.

As I understand it, the main obstacle is a possible traffic disruption, is that right? The country, and especially Southern California, is too dependent on cars anyway. Interrupting some cars on a Sunday morning feels like a small obstacle compared to making thousands of people happy, healthy, and proud, along with all the financial benefits that come from the race. Plus, there are already traffic disruptions from construction, and from the race as normal. The altered course to avoid the flooded underpass won't be causing traffic problems where none exist--it would only be making the existing traffic problems slightly more challenging. In the grand scheme of things, that's really not so bad.

I hope to see the event go ahead later this month. I've trained all summer, I've recruited new racers who are excited for their first triathlon, and I've raised money from friends and coworkers who are counting on me to finish the race. Please let this traditions continue.

Thank you,
Ryan Davis
Check out my latest movie and "thrill" attraction reviews at http://www.media-geeks.com/! 1 Planning Commission
From: Reza Shahi
Sent: Sunday, September 17, 2023 3:22 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

So many local residents who train for and look forward to the event all year and the many families that the Children’s Hospital touches will be negatively impacted if the Malibu Triathlon is not allowed to proceed this year.

I hope to see the event go ahead later this month. Please review the revised course submission and allow the event to move forward.

Thank you,
Reza Shahi
1 Planning Commission
From: Rana Shahi
Sent: Sunday, September 17, 2023 4:15 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Please do not cancel the Malibu Tri.

The Malibu tri has changed my life for the beƩer. I recently lost a baby and it’s been the most difficult thing I have ever gone through.

Training for the Malibu tri is the only thing that got me out of bed. It’s the only thing that I have to look forward to.

Training for the Tri has helped me emoƟonally, mentally and physically. I signed up for the tri with the intenƟon of doing it in honor of my baby.

Please do not cancel the Tri!
Sincerely,
Rana Shahi
Sent from my iPhone
1 Planning Commission
From:

Sent: Monday, September 18, 2023 12:54 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Becky Woolf
1 Planning Commission
From: susan corti
Sent: Sunday, September 17, 2023 3:27 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Best Wishes,
Susan Corti
1 Planning Commission
From: Germain, Stephen
Sent: Monday, September 18, 2023 4:09 PM
To: Planning Commission
Subject: Please appeal the Malibu Triathlon permit.

Importance: High
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much.

Stephen Germain
1 Planning Commission
From: Ledgerwood, Susan
Sent: Monday, September 18, 2023 4:53 PM
To: Planning Commission
Subject: In support of the Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month. Thanks so much.

Susan Ledgerwood
Susan Ledgerwood | (she/her)

1 Planning Commission
From: Shahan Mir
Sent: Sunday, September 17, 2023 3:43 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Shawn Mir
1 Planning Commission
From: Nieto, Sandra < >
Sent: Monday, September 18, 2023 6:15 PM
To: Planning Commission
Subject: Malibu Triathlon
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1M annually for Children’s Hospital Los Angeles. I also value that it promotes a great sport and encourages a healthy lifestyle. I love going to Malibu and riding my bike as I enjoy the beautiful scenery.

As a Team Disney member, I hope to see the event go ahead later this month. I have trained hard for it too! Thanks so much,
Sandra
1 Planning Commission
From: Snow
Sent: Sunday, September 17, 2023 6:03 PM
To: Planning Commission
Subject: Appeal for Malibu Triathlon Permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our acƟve community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
‐Snow
Sent from my iPhone
Please excuse typos.
1 Planning Commission
From: Sam Smith
Sent: Sunday, September 17, 2023 8:55 PM
To: Planning Commission
Subject: Malibu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Samuel Smith
‐‐
1 Planning Commission
From: Steve < >
Sent: Monday, September 18, 2023 11:27 AM
To: Planning Commission
Subject: RE: Malibu Triathlon Permit
AddiƟonally, this event aƩracts 4,000‐5,000 aƩendees, which results in small businesses; especially, restaurants in Malibu benefiƟng from their presence.

From: Steve >
Sent: Monday, September 18, 2023 11:14 AM
To: [email protected]
Subject: Malibu Triathlon Permit
Importance: High
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit.

This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

Of note, my son, Max, and I have raised over the last three years of our participation in the Malibu Triathlon $60,000 to support pediatric cancer research at Children's Hospital Los Angeles.

I hope to see the event go ahead on September 30 and October 1, 2023.

Thank you,
Steve Wiseman
1 Planning Commission
From: Steve
Sent: Monday, September 18, 2023 4:39 PM
To: Planning Commission
Subject: RE: Malibu Triathlon Permit
Thank you…
Here’s an arƟcle in the Malibu Times last year with a quote from my son, Max: hƩps://malibuƟmes.com/17‐ year‐old‐max‐wiseman‐parƟcipates‐in‐malibu‐triathlon‐for‐noble‐cause …Steve
From: Planning Commission <[email protected]> Sent: Monday, September 18, 2023 2:00 PM
To: Steve
Subject: RE: Malibu Triathlon Permit
Steve,
Your correspondence has been forwarded to the Commissioners for their consideraƟon. On a personal note, my thanks for the efforts you and your son have made to raise awareness and funding for pediatric cancer research.

Regards,
Rebecca Evans | Sr. AdministraƟve Analyst | Planning Department 23825 Stuart Ranch Road, Malibu CA, 90265
(310) 456‐2489 extension 246
From: Steve
Sent: Monday, September 18, 2023 11:27 AM
To: Planning Commission <[email protected]> Subject: RE: Malibu Triathlon Permit
AddiƟonally, this event aƩracts 4,000‐5,000 aƩendees, which results in small businesses; especially, restaurants in Malibu benefiƟng from their presence.

From: Steve
Sent: Monday, September 18, 2023 11:14 AM
To: [email protected]
Subject: Malibu Triathlon Permit
Importance: High
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit.
2 This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

Of note, my son, Max, and I have raised over the last three years of our participation in the Malibu Triathlon $60,000 to support pediatric cancer research at Children's Hospital Los Angeles.

I hope to see the event go ahead on September 30 and October 1, 2023.

Thank you,
Steve Wiseman
1 Planning Commission
From: Tri DeSa < >
Sent: Monday, September 18, 2023 4:05 PM
To: Planning Commission
Subject: Malibu Triathlon Permit
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I've previously participated in the race in 2018, 2019, and 2022 as part of Team Disney, and this year our team has over 180 registered participants and raised just shy of $180k for CHLA.

It's been such a great event every year, so I hope the Malibu Triathlon will continue to be so this year and in the future.

Thanks!
Tri DeSa
1 Planning Commission
From: Troy Forjone
Sent: Sunday, September 17, 2023 3:33 PM
To: Planning Commission
Subject: Malbu Triathlon
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Troy Forjone
1 Planning Commission
From: Thomas Lamoureux
Sent: Sunday, September 17, 2023 4:17 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Planning Commission
I strongly support the appeal for the Malibu Triathalon permit. It’s a fantasƟc event that raises over $1 million for a great cause. In addiƟon, it encourages and showcases atheletes of all ages and supports a health and fitness lifestyle.

Thank you for your consideraƟon,
Tom Lamoureux
Sent from my iPhone
1 Planning Commission
From: Tania Machado < >
Sent: Monday, September 18, 2023 10:52 AM
To: Planning Commission
Subject: Save Malibu Triathlon !!!
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle. I encourage the commission to consider alternative routes so we continue the 38 year legacy, this is what Malibu is known for in our triathlete community! Please please consider !
I hope to see the event go ahead later this month.

Thank you,
Tania Machado
1 Planning Commission
From: Tara
Sent: Sunday, September 17, 2023 5:30 PM
To: Planning Commission
Subject: Malibu Triathlon permit
Follow Up Flag: Follow up
Flag Status: Flagged
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

My family and I are passionate about supporting this triathlon and CHLA. We fundraiser and “tri” each year to honor the memory of our grandson, who was treated for 2 years at CHLA.

I are counting on seeing this event go ahead later this month. And also in future years.

Thank you,
Tara O’Reilly
Sent from Yahoo Mail for iPhone
1 Planning Commission
From: Smith, Tony
Sent: Monday, September 18, 2023 4:29 PM
To: Planning Commission
Subject: support the appeal for the Malibu Triathlon permit I support the appeal for the Malibu Triathlon permit to allow for a safe, alternaƟve course for the event to proceed on schedule.

The Malibu Triathlon is the world’s largest fundraising triathlon, benefiƫng pediatric cancer research at Children’s Hospital LA and raising $1m annually.

As a member of the Disney Triathlon Team fundraising and compeƟng in the 2023 Malibu Triathlon, I am very opƟmisƟc and hopeful to be able to parƟcipate in the event as scheduled. We’ve trained so hard and so long for this event! Thanks,
‐Tony Smith
1 Planning Commission
From: Veerle Verbakel
Sent: Saturday, September 16, 2023 5:47 PM
To:

Cc: Caroline Tibbetts; Planning Commission
Subject: Malibu Tri
Hi Team
Showing our support to Malibu Tri, we’ve been preparing and training all season on the East Coast and are planning a fun week’s stay in Malibu with a group of 10 friends.

Hope to see you at the finish line
Veerle
‐‐
Sent while on the move. Sorry for keeping it short.
1 Planning Commission
From: william gelner
Sent: Sunday, September 17, 2023 5:11 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear planning commission,
I am a longƟme Malibu resident.

And I fully support the appeal for Malibu Triathlon permit. The event raised a million dollars for the Children’s Hospital Los Angeles and helps bring our community together and promoted a healthy lifestyle.

I hope and expect this event to happen later this month.

Thank you,
Will Gelner
Malibu Resident
1 Planning Commission
From: William Pfeiffer
Sent: Sunday, September 17, 2023 11:47 PM
To: Planning Commission
Subject: Malibu Triathlon Support
Dear City of Malibu Planning Commission,
I passionately support the appeal for the Malibu Triathlon permit. I have competed in the race more than 10 times and can attest to the incredible spirit that this event brings to the Malibu community. It is my favorite weekend of the year, and the Malibu community would suffer a great loss if it were not to proceed. On top of that, this event raises $1 million annually for Children’s Hospital Los Angeles and brings much of Los Angeles together, promotes a great sport, and encourages a healthy lifestyle.

Moreover the Malibu Triathlon showcases the beauty and spirit of Malibu to the world.

I sincerely hope to see the event go ahead this month and every year going forward.

Thank you for your support of our fine city,
William Pfeiffer
A Malibu Resident
1 Planning Commission
From: Zachary Foster < >
Sent: Monday, September 18, 2023 8:29 PM
To: Planning Commission
Subject: ZFoster - Newbury Park - Malibu Triathlon Support Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit and insuring this event is allowed to continue on.

There is a huge lack of positive recreation in society today and canceling this event adds to that deficit. I started racing triathlon 10 years ago first as a goal to lose weight, 50 lbs and 6 months later I was hooked. Since then I have participated in over a 100 races with 1 win and dozens of podiums.

Because of triathlon my life will be lived longer and at a much higher quality. It means a lot to keep this event going for many of us who have adopted a healthier lifestyle.

I hope to see the event go ahead later this month.

Thank you,
Zack Foster
1 Planning Commission
From: Sommer, Kristina < >
Sent: Monday, September 18, 2023 3:56 PM
To: Planning Commission
Subject: 2023 Malibu Triathlon
Attachments: Malibu.jpg
Dear Planning Commission,
I support the appeal for the Malibu Triathlon permit. This event raises $1 million annually for Children’s Hospital Los Angeles and brings our active community together, promotes a great sport, and encourages a healthy lifestyle.

As a Team Disney member on the highest fundraising corporate team of 2023, I hope to see the event go ahead later this month.

Thanks so much,
Kristina Sommer
Kristina Sommer
Sr. Manager, Copyright Administration
Disney Music Group

City of Malibu
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org

Page 1 of 10 ends

TEMPORARY USE PERMIT
Temporary Use Permit No. 22-025
Coastal Development Permit Exemption No. 22-056
30050 Pacific Coast Highway
APN 4469-027-901
NOTICE IS HEREBY GIVEN that the City of Malibu has APPROVED an application by Brennan Lindner of Super League Triathlon for the Malibu Triathlon and Fitness Exposition, a charity event to benefit the Los Angeles Children’s Hospital and its Pediatric Cancer Research Department. The event will take place on Saturday, September 17, 2022, and Sunday, September 18, 2022. The event location is 30050 Pacific Coast Highway (Zuma Beach), a Los Angeles County-owned parcel located within the Public Open Space (OS) zoning district.

Event Description
The Malibu Triathlon is an annual event at Zuma Beach, that began in 1986. The event proposes the temporary use of the parcel located at 30050 Pacific Coast Highway for three different races: 1) the Olympic Distance Triathlon (1500m swim, 40k bike, 10k run on Saturday morning, September 17, 2022; 2) the Super Sprint Pro Race on Saturday afternoon; and 3) the Sprint Distance Triathlon (0.5-mile swim, 17-mile bike, 4-mile run on Sunday morning. The Super League Pro race is a new component to the Triathlon and will be contained completely within Zuma Beach. The Olympic and Sprint Distance races have occurred in prior years, and feature running and swimming courses within Malibu city limits, and a biking course that extends further west along Pacific Coast Highway towards Mulholland Highway and Deer Creek Road. Comparable to previous years, these races are followed by an awards ceremony and a Fitness Exposition that take place at Zuma Beach. All racecourses are shown within the approved site plans (Attachment 1).

Throughout the two-day event, parking for the public and event staff will be available at three locations: Zuma Beach parking lot, Malibu High School, and designated areas along Pacific Coast Highway and Westward Beach Road. The event includes temporary signage to help direct visitors to all designated parking areas. There will be 5,000 participants (2,500 each day including approximately 60 volunteers) expected over the two-day event. For reference, the approved parking plan are included as Figure 1 below.

The event site is located in the Appeal Jurisdiction of the California Coastal Commission (CCC), as depicted in the Post-Local Coastal Program (LCP) Certification Permit and Appeal Jurisdiction Map. Furthermore, the event site and related parking areas contain no mapped Environmentally Sensitive Habitat Area (ESHA).

Along with City Planning Department, the City Public Works, City Environmental Programs Division, Los Angeles County Department of Public Health (LACDPH), Los Angeles County Sherriff (LASD), and the Los Angeles County Fire Department (LACFD) are reviewing the event, parking, circulation and safety. Staff has received an approval from the LASD but the applicant is required to obtain all other agency approvals by prior to September 12, 2022.

Exhibit G
30050 Pacific Coast Highway
TUP No. 22-025
August 19, 2022

Page 2 of 10 ends

Event and Course Safety
There will be Sheriff Deputies at the event site each day of the event for traffic control and permit enforcement, in addition to nine private security officers and one supervisor to monitor the athletes and spectators. The LASD has been contracted to work in coordination with a private security company to setup and monitor the bike course.

Medical support, including an ambulance, for the event will be provided.

Figure 1 – Event Parking Plan
Source: Submitted Parking Plan
Similar to years past, the main gathering location will be at Zuma Beach, between lifeguard towers 10 and 11, and will include a main stage, grandstands, a video board, information booths, racing essentials for participants, portable restrooms, a medical tent, food trucks, and vendors promoting health products. The main site will also feature an array of amplified sound equipment for racing announcements and background music. A detailed exhibit of the main gathering site is provided within the approved site plan.

Signage
Temporary signage will be placed at the event site as well as along the triathlon course and will include multiple banners of various sizes at the finish line, run start, bike start, stage and swim finish, and vinyl tent banners denoting the function of each temporary tent. A mesh fence will be placed around the transition area, which will also include signage.

Event Background
• Application Submittal Date: July 12, 2022
• Notice of Application: August 11, 2022
• Notice of Decision: August 19, 2022
30050 Pacific Coast Highway
TUP No. 22-025
August 19, 2022

Page 3 of 10 ends

Event Timeline
Staff is only permitting the event as scheduled and shown below.

MALIBU MUNICIPAL CODE (MMC) CONFORMANCE
Pursuant to MMC Section 17.68.010, a TUP 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, open spaces, or outside of buildings. The Planning Director hereby makes the following findings of fact in support of TUP No. 22-025.

Temporary Use Permit Findings (MMC Section 17.68.060)
Finding 1. The operation of the requested use at the location proposed and within the time period specified is compatible with the surrounding neighborhood uses.

The proposed event directly impacts multiple properties within the City of Malibu, including Zuma Beach, Westward Beach, and Malibu High School (30215 Morning View Drive), as well as several public streets including Pacific Coast Highway, Westward Beach Road, and Morning View Drive. These are the same locations impacted by past triathlon races. Given the similar event plan as prior years, staff has determined that the proposed event—as conditioned in this permit—will be compatible with the surrounding neighborhood uses once all agency approvals have been obtained.

Finding 2. The proposed site is adequate in size and shape to accommodate the temporary use.

The main event will occur at Zuma Beach, which is adequate in size and shape to accommodate the temporary use. Ancillary sites such as Westward Beach and the parking lot at Malibu High School are also adequate in size and shape to accommodate the temporary use.

Finding 3. The proposed site is adequately served by the 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.

The event site and associated parking sites are accessible from Pacific Coast Highway, Westward Beach Road, and Morning View Drive, which all have sufficient width and improvements to accommodate the kind and quantity of traffic. Conditions of approval are included to ensure public safety and prevent congestion on the surrounding road network.

Table 1 – Event Schedule
Date Activity Time
Monday, September 12, 2022
to Friday, September 16, 2022
Event Set-Up 7:00 AM to 6:00 PM
Saturday, September 17, 2022
Olympic Distance Triathlon and Super Sprint Pro
Race (including amplified announcements and
background music), awards ceremony, and fitness
exposition
7:00 AM to 5:00 PM
Sunday, September 18, 2022
Sprint Distance Triathlon (including amplified
announcements and background music), awards
ceremony, and fitness exposition
7:00 AM to 1:00 PM
Sunday, September 18, 2022 to
Monday, September 19, 2022 Event Clean-up
12:00 PM to 6:00 PM (Sunday)
7:00 AM to 3:00 PM (Monday)
30050 Pacific Coast Highway
TUP No. 22-025
August 19, 2022

Page 4 of 10 ends

Finding 4. Adequate temporary parking will be available to accommodate vehicular traffic to be generated by such use.

The applicant’s parking plan must be approved by the City of Malibu Public Works Department. Event attendees will be able to park in three locations: (1) onsite at Zuma Beach; (2) the parking lot at Malibu High School; and (3) streetside along Pacific Coast Highway and Westward Beach Road in designated areas only. These parking sites combine to provide an adequate amount of parking spaces to accommodate event-related traffic.

Finding 5. 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.

LASD has issued an approval of the event. The event is pending reviews by the LACFD, the LACDPH, City Public Works Department, and City Environmental Programs Division to ensure that the requested use within the time period specified 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. The event will take place during the times described above. All noise is subject to MMC Chapter 8.24 (Noise Ordinance). The applicant and owner acknowledge receipt of the City’s noise ordinance and agree to comply with it at all times.

Additionally, City staff has determined that the event is compliant with City Council Policy No. 47, the “Road Race Policy.”
Finding 6. The event shall not exceed a total of 14 calendar days and the proposed site has not been used for permitted temporary uses for more than 60 days within any one calendar year.

The two-day event (plus eight days total of setup and tear down time) is the first TUP issued at this address in 2022. Therefore, the proposed event schedule complies with the maximum duration of 14 calendar days, and the event site complies with the cumulative temporary use limit of 60 days within any one calendar year. The project does not require a coastal development permit pursuant to LCP Local Implementation Plan (LIP) Section 13.4.9 and meet the exempt criteria as follows:
a. The event will result in no adverse impact on opportunities for public use of or access to the area due to the proposed location and/or timing of the event either individually or together with other temporary events scheduled before or after the particular event.
b. There will be no direct or indirect impacts from the event and its associated activities or access requirements on environmentally sensitive habitat areas, rare or endangered species, significant scenic resources, or other coastal resources as defined in this ordinance. c. The event has not previously required a coastal development permit to address and monitor associated impacts to coastal resources.

TEMPORARY USE PERMIT NO. 22-025
Based on the foregoing findings and evidence contained within the record, the Planning Director hereby approves TUP No. 22-025, subject to the following Conditions of approval listed below. In addition, on August 11, 2022, a notice of application was mailed to all property owners and occupants within a 500-foot radius of the subject properties (Attachment 4).

Standard Conditions

1. The property owners, and their successors in interest, shall indemnify and defend the City of Malibu and its officers, employees, and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall 30050 Pacific Coast Highway
TUP No. 22-025
August 19, 2022

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Malibu City CouncilSeptember 25, 2023

Malibu City Council
September 25, 2023