Agenda packet, first session — Malibu City Council, May 27, 2025 (part 3 of 6)

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setbacks, larger sheets may also be provided (up to a maximum size of 18 inches by 22 inches).

18. Final OWTS Design Report, Plans, and System Specifications: If the OWTS design and/or bedroom/drainage fixture unit counts are modified in any way subsequent to the Planningstage review, then a final OWTS design report and large set of construction drawings with system specifications (four sets) shall be submitted to describe the OWTS design basis and all components (i.e., alarm system, pumps, timers, flow equalization devices, backflow devices, etc.) proposed for use in the construction of the proposed OWTS. For all OWTS, final reports must be signed by a City registered OWTS Designer, and the plans stamped by a California Geologist. The final OWTS design report and construction drawings shall be submitted to the City Environmental Health Administrator with the designer’s wet signature, professional registration number and stamp (if applicable).

19. Any above-ground equipment associated with the installation of the OWTS shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall not be higher than 42-inches tall.

The treatment capacity shall be specified in terms of flow rate, gallons per day, and shall be supported by calculations relating the treatment capacity to the number of bedroom equivalents, plumbing drainage fixture equivalents, and the subsurface effluent dispersal system acceptance rate. The drainage fixture unit count must be clearly identified in association with the design treatment capacity, even if the design is based on the number of bedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design; c. Sewage and effluent pump design calculations (as applicable). c. Description of proposed wastewater treatment and/or disinfection system equipment. State the proposed type of treatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package" systems; and conceptual design for custom engineered systems;
d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day. Specifications for the subsurface effluent dispersal system shall be shown Resolution No. 25-17

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to accommodate the design hydraulic loading rate (i.e., average and peak OWTS effluent flow, reported in units of gallons per day). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units and building occupancy characteristics; and
e. All final design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the scale of the plan is such that more space is needed to clearly show construction details, larger sheets may also be provided (up to a maximum size of 18-inch by 22-inch, for review by Environmental Health). Note:

For OWTS final designs, full-size plans are required for review by the Building Safety Division and/or the Planning Department.

21. A covenant running with the land shall be executed by the property owner and recorded with the Los Angeles County Recorder’s Office. Said covenant shall serve as constructive notice to any successors in interest that: 1) the private sewage disposal system serving the development on the property does not have a 100 percent expansion effluent dispersal area (i.e., replacement disposal field(s) or seepage pit(s)); and 2) if the primary effluent dispersal area fails to drain adequately, the City of Malibu may require remedial measures including, but not limited to, limitations on water use enforced through operating permit and/or repairs, upgrades or modifications to the private sewage disposal system. The recorded covenant shall state and acknowledge that future maintenance and/or repair of the private sewage disposal system may necessitate interruption in the use of the private sewage disposal system and, therefore, any building(s) served by the private sewage disposal system may become non-habitable during any required future maintenance and/or repair.

Said covenant shall be in a form acceptable to the City Attorney and approved by the Environmental Sustainability Department.

22. Proof of ownership of subject property shall be submitted to the City Environmental Health Administrator.

23. An operations and maintenance manual specified by the OWTS designer shall be submitted to the City Environmental Health Administrator. This shall be the same operations and maintenance manual submitted to the owner and/or operator of the proposed OWTS following installation.

24. Prior to final Environmental Health approval, a maintenance contract executed between the owner of the subject property and an entity qualified in the opinion of the City of Malibu to maintain the proposed AOWTS after construction shall be submitted. Only original wet signature documents are acceptable and shall be submitted to the City Environmental Health Administrator.

25. The City geotechnical consultant reviewers final approval shall be submitted to the City Environmental Health Administrator.

26. The City Biologist’s final approval shall be submitted to the City Environmental Health Administrator. The City Biologist shall review the OWTS design to determine any impact on ESHA, if applicable.

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27. Operating Permit Application and Fee: In accordance with MMC, an application shall be made to the Environmental Health office for an Onsite Wastewater Treatment System operating permit. An operating permit fee in accordance with the adopted fee schedule at the time of final approval shall be submitted with the application.

Street Improvements

28. This project proposes to construct a new driveway within 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-inches 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.

Grading / Drainage / Hydrology

29. The non-exempt grading for the project shall not exceed a total of 1,000 cubic yards, cut and fill.

30. The total grading yardage verification certificate shall be copied onto the coversheet of the Grading Plan. No alternative formats or substitutes will be accepted.

31. A grading and drainage plan containing the following information shall be approved, and submitted to the Public Works Department, prior to the issuance of grading permits for the project:
a. Public Works Department general notes;
b. 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); c. The limits of land to be disturbed during project development shall be delineated and a total area shall be shown on this 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;
d. The limits to land to be disturbed during project development shall be delineated and a total area of disturbance should be shown on this plan. Areas disturbed by grading equipment beyond the limits of grading shall be included within the area delineated;
e. If the property contains rare, endangered or special status species as identified in the Biological Assessment, this plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on this plan as required by the City Biologist; f. The grading limits shall include the temporary cuts made for retaining walls, buttresses and over excavations for fill slopes; and
g. Private storm drain systems shall be shown on this plan. Systems greater than 12- inch in diameter shall also have a plan and profile for the system included with this plan.

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32. 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 BMPs 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 BMP’s and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

33. 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.

34. 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:
a. Installation of 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.
b. Prohibits the discharge of trash.
c. 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).
d. Elimination of non-storm water discharges.

35. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include and Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:

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All Best Management Practices (BMPs) 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.

36. Storm drainage improvements are required to mitigate increased runoff generated by property development. The applicant shall have the choice of one method specified within LIP Section 17.3.2.B.2.

37. A Storm Water Management Plan (SWMP) shall be submitted for review and approval of the Public Works Director. The SWMP shall be prepared in accordance with LIP Section

17.3.2 and all other applicable ordinances and regulations. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the pre-development and post-development drainage of the site. The SWMP shall identify the site design and source control BMPs that have been implemented in the design of the project. The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance of the grading or building permit for this project.

38. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:
a. Is located within or adjacent to ESHA, or
b. Includes grading on slopes greater than 4 to 1.

Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4 to 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.

39. The Building Official may approve grading during the rainy season to remediate hazardous geologic conditions that endanger public health and safety.

40. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

41. All cut and fill slopes shall be stabilized with landscaping at the completion of final grading.

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

43. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, algaecides 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:

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a. The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach into the MS4 or to the ASBS (including tributaries) d. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

44. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval of the Public Works Director. The WQMP shall be prepared in accordance with LIP Section

17.3.3 and all other applicable ordinances and regulations. 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 on the site. The following elements shall be included within the WQMP:
a. Site Design BMPs;
b. Source Control BMPs;
c. Treatment Control BMPs;
d. Drainage improvements;
e. Methods for onsite percolation, site re-vegetation and an analysis for off-site project impacts;
f. Measures to treat and infiltrate runoff from impervious areas; g. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
h. 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; and
i. The WQMP shall be submitted to the Building Safety Division and the fee applicable at the time of submittal for review of the WQMP shall be paid prior to the start of the technical review. Once the plan is approved and stamped by the Public Works Department, the original signed and notarized document shall be recorded with the County Recorder. A certified copy of the WQMP shall be submitted prior to the Public Works Department approval of building plans for the project.

Water Quality / Water Service

45. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve letter from WD29 to the Planning Department indicating the ability of the property to receive adequate water service.

Fire Department

46. The project will require fire flow of 1,250 gallons per minute at 20 psi (pounds per square inch) for a one-hour duration.

47. The project is required to have an interior automatic fire sprinkler system.

Construction / Framing
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48. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check approval.

49. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays.

50. Construction management techniques, including minimizing the amount of equipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires rinsed prior to leaving the property.

51. All new development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures prepared by a licensed engineer that incorporate structural and non-structural BMPs to control the volume, velocity and pollutant load of storm water runoff in compliance with all requirements contained in LIP Chapter 17, including:
a. Construction shall be phased to the extent feasible and practical to limit the amount of disturbed areas present at a given time.
b. Grading activities shall be planned during the southern California dry season (April through October).
c. During construction, contractors shall be required to utilize sandbags and berms to control runoff during on-site watering and periods of rain in order to minimize surface water contamination.
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

52. When framing is complete, a site survey shall be prepared by a licensed civil engineer or architect that states the finished ground level elevation and the highest roof member elevation. Prior to the commencement of further construction activities, said document shall be submitted to the assigned Building Inspector and Planning Department for review and sign off on framing.

Colors and Materials

53. All driveways shall be a neutral color that blends with the surrounding landforms and vegetation. Retaining walls shall incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape. The color of driveways and retaining walls shall be reviewed and approved by the Planning Director and clearly indicated on all grading, improvement and/or building plans.

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Lighting

54. Exterior lighting shall be minimized, shielded, or concealed and restricted to low intensity features, so that no light source is directly visible from public view. Permitted lighting shall conform to the following standards:
a. Lighting for walkways shall be limited to fixtures that do not exceed two feet in height and are directed downward, and limited to 850 lumens (equivalent to a 60- watt incandescent bulb);
b. Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; c. Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; d. Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens;
e. Site perimeter lighting shall be prohibited; and
f. Outdoor decorative lighting for aesthetic purposes is prohibited.

55. Night lighting for sports courts or other private recreational facilities shall be prohibited.

56. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. Lighting levels on any nearby property from artificial light sources on the subject property(ies) shall not produce an illumination level greater than one foot-candle.

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

58. Up-lighting of landscaping is prohibited.

Biology/Landscaping

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

60. Prior to or at the time of 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.

61. 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 Section

17.53.030). 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 Section 17.53.030. (form attached)

62. 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.

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63. 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 (6) 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. Three sequential violations of this condition will result in a requirement to permanently remove the vegetation from the site.

64. 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).

65. Invasive plan species, as determined by the City of Malibu, are prohibited.

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

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

68. Grading/ 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.

69. 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 of landscaping is prohibited.

70. Necessary boundary fencing of any single area exceeding ½ acre shall be of an open railtype 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.

Swimming Pool / Spa / Water Feature

71. On-site noise, including that which emanates from swimming pool and air conditioning equipment, shall be limited as described in MMC Chapter 8.24 (Noise).

72. Pool and air conditioning equipment that will be installed shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section

3.5.3(A).

73. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak of the inner wall.

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74. Pursuant to the Clean Water Act and the Malibu Water Quality Ordinance, discharge of water from a pool / spa is prohibited. Provide information on the plans regarding the type of sanitation proposed for pool.
a. Ozonization systems are an acceptable alternative to chlorine. The discharge of clear water from ozonization systems is not permitted to the street; b. Salt water sanitation is an acceptable alternative to chlorine. The discharge of salt water is not permitted to the street; and
c. Chlorinated water from pools or spas shall be trucked to a publicly-owned treatment works facility for discharge.

75. The discharge of chlorinated and non-chlorinated pool / spa water into streets, storm drains, creeks, canyons, drainage channels, or other locations where it could enter receiving waters is prohibited.

76. A sign stating “It is illegal to discharge pool, spa, or water feature waters to a street, drainage course, or storm drain per MMC Section 13.04.060(D)(5)” shall be posted in the filtration and/or pumping equipment area for the property.

77. Pursuant to MMC Section 9.20.040(B), all ponds, decorative fountains shall require a water recirculating/recycling system.

Fencing and Walls

78. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls.

79. Necessary boundary fencing of a single area exceeding 0.5-acre shall be of an open railtype 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.

80. Fencing or walls shall be prohibited within ESHA, except where necessary for public safety or habitat protection or restoration. Fencing or walls that do not permit the free passage of wildlife shall be prohibited in any wildlife corridor. The applicant/owner must submit a detailed fence plan prior to final Planning approval to ensure wildlife friendly fencing requirements have been met.

81. Construction fencing shall be installed within five feet of the limits of grading prior to the beginning of construction and shall be maintained throughout the construction period (or until the fire protection wall is constructed) to protect the site’s sensitive habitat area.

Prior to Occupancy

82. Prior to, or at the time of a Planning final inspection, the property owner / applicant shall submit to the Planning Department the plumbing permit for the irrigation system installation signed off by the Building Safety Division.

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83. Prior to the issuance of a Certificate of Occupancy, the City Biologist shall inspect the project site and determine that all Planning Department conditions to protect natural resources are in compliance with the approved plans.

84. Prior to a final Building inspection, the applicant shall provide a final Waste Reduction and Recycling Summary Report (Summary Report) and obtain the approval from the Environmental Sustainability Department. The final Summary Report shall designate all materials that were land filled or recycled, broken down by material types.

85. The applicant shall request a final Planning Department inspection prior to a final inspection by the Environmental Sustainability Department. A Certificate of Occupancy shall not be issued until the Planning Department has determined that the project complies with this coastal development permit. A temporary Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

86. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval, and if applicable, the issuance of the certificate of occupancy.

Deed Restrictions

87. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy of the recorded document.

88. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition Nos. 55-59.

The property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

Fixed Conditions

89. This coastal development permit runs with the land and binds all future owners of the property.

90. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted thereunder.

Resolution No. 25-17

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SECTION 7. The City Council shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this __day of ____, 2025.
_____________________________
MARIANNE RIGGINS, Mayor
ATTEST:
__________________________________
KELSEY PETTIJOHN, City Clerk
(seal)
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.

Exhibit B

CDP 23-019
4/16/24 - 4/25/24
4/25/24 Larbi Azzaz
4/25/24 Rebecca Evans, Senior Administrative Analyst

Exhibit C

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 24—21

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBUI DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23—019 TO CONSTRUCT A NEW 4,270 SQUARE FOOT, TWO—STORY, SINGLE—FAMILY RESIDENCE WITH A 970 SQUARE FOOT BASEMENT, PLUS A 750 SQUARE FOOT ATTACHED THREE-CAR GARAGE, 900 SQUARE FOOT DETACHED SECOND UNIT, 500 SQUARE FOOT DETACHED GARAGEI 432 SQUARE FOOT YOGA STUDIO, SWIMMING POOL, GRADING, LANDSCAPING. HARDSCAPE, AND

ONSITE WASTEWATER TREATMENT SYSTEM, INCLUDING SITE PLAN REVIEW NO. 23-024 TO CONSTRUCT THE RESIDENCE IN EXCESS OF 18 FEET IN HEIGHT UP TO 24 FEET FOR A FLAT ROOF, LOCATED IN THE RURAL RESIDENTIAL, TWO—ACRE ZONING DISTRICT AT 30053

HARVESTER ROAD (KENT)
The Planning Commission of the City Malibu does hereby find, order and resolve as follows:

SECTION l. Recitals.

A. On March 15, 2023, an application for Coastal Development Permit (CDP) No. 23- 01 9, Site Plan Review (SPR) No. 23-024 t0 construct the residence in excess of l 8 feet in height, up to 24 feet with a flat roof was submitted to the City for review. The application was routed to the City geotechnical consultant reviewers, City Environmental Health Administrator, City Biologist, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29) and the Los Angeles County Fire Department (LACFD) for review.

B. On November 1, 2023, a Notice of CDP Application was posted on the subject property.

C. On March 4, 2024, staff conducted a site visit to inspect the installation ofstory poles.

D. On November 30, 2023, the CDP application was deemed complete for processing.

E. On February 22, 2024, a Notice of Planning Commission Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500—foot radius of the subject property.

F. On March 18, 2024, the Planning Commission held a duly noticed public hearing on the subj ect application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. The Planning Commission continued the item to the April 15, 2024 meeting so that staffcould further evaluate issues raised by neighbors.

G. On April 15, 2024, the Planning Commission held a duly noticed public hearing on the subj ect application, reviewed and considered the staffreport, reviewed and considered written reports, public testimony, and other information in the record.

Exhibit D
Resolution N0. 24-21

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SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed proj ect. The Planning Commission found that this project is listed among the classes ofproiects that have been detennined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to Sections 15303(a) and (e) - New Construction. The Planning Commission has further determined that none ofthe six exceptions to the use ofa categorical exemption apply to this project (CEQA Guidelines Section 15300.2).

SECTION 3. Coastal Development Permit Findings.

Based on evidence contained within the record, including the agenda report for the proj ect and the hearing on March l8, 2024. and pursuant to the Local Coastal Program (LCP) Local Implementation Plan (LIP) including Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC), the Planning Commission adopts the findings of fact below. for CDP No. 23-019 to construct a new 4.270 square foot. two—story, single-family residence with a 970 square foot basement plus a 750 square foot attached three—car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS), including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of l 8 feet in height, up to 24 feet for a flat roof, located in the Rural Residential located in the Rural Residential, Two—Acre (RR-2) zoning district at 30053 Harvester Road.

The project is consistent with the zoning, grading, cultural resources, water quality, and onsite wastewater treatment system (OWTS) requirements of the LCP. The project. as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies, inclusive ofthe requested site plan review. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter l3)

1. The project is located in the RR-2 residential zoning district, an area designated for residential uses. The Planning Department, City Biologist. City Environmental Health Administrator, City Public Works Department, City geotechnical consultant reviewers, WD29, and LACFD reviewed the project for conformance with the LCP. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as designed and conditioned, conforms to the LCP in that it meets all applicable residential development standards, inclusive ofthe requested discretionary request.

2. The proposed development is consistent with existing development in the area and has been determined not to result in adverse impacts. Therefore, there are no project alternatives that would provide a significant beneflt to the environment compared to the proposed project. The proposed project meets the development policies of the LCP and MMC, with the inclusion ofthe SPR and is the least environmentally damaging alternative.

3. The subj ect property is not in a designated ESHA or ESHA buffer as shown on the LCP ESHA and Marine Resources Map and verified through site-specific biological studies and Resolution N0. 24-21

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0nsite investigation from the City’s Biologist. Thus, review by the Environmental Review Board was not required.

B. Site Plan Review Findings to Allow for Construction in Excess of 18 feet in Height (LIP Section 13.27) SPR No. 23-024 allows construction ofa new single-family residence in excess ofthe 18 feet in height limit established by LIP Section 3.6(E), with a maximum height of24 feet for a flat roof. l. The project has been reviewed, conditioned and approved for conformance with the LCP by all applicable City and County depaitments and was found to be consistent with the LCPt inclusive ofthe subject site plan review.

2. In February 2024, the applicant installed story poles and photo documented the story poles. Staff evaluated the project for conformance with City codes. Properties in the vicinity ofthe subject property are developed with a mix of one and two—story single—family residences and accessory structures. As demonstrated with story poles, due to the size. shape and topography ofthe lot, the location f the proposed development will not be visible from any scenic road or located within protected primary views ofneighboring properties. Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding built environment. Therefore, the portions of the structure exceed 18 feet in height are not anticipated to adversely affect neighborhood character.

3. The existing size and shape ofthe subject property limits visibility ofthe proposed development from Pacific Coast Highway or any scenic area as described in the LCP. Primary View Determinations within the area are not expected to be impacted by the proposed development.

4. The proposed project, as designed and conditioned, complies with all applicable requirements of state and local law. The proposed project has received LCP conformance review from all applicable City departments and the LACFD and WD29. Construction of the proposed improvements will comply with all building code requirements and will incorporate all recommendations from applicable City and County departments.

5. The proposed project. as designed and conditioned. is consistent with the LCP in that it is consistent with the applicable residential land use designation and is consistent with all applicable development and design standards of the LCP and General Plan, inclusive of the associated discretionary request. The proposed residence incorporates siting and design measures to minimize visual impacts and landform alteration.

6. Story poles were placed on the site in February 2024 to demonstrate the location, height and bulk ofthe proposed development and to aid the visual analysis of potential private and public view impacts. The portions of the proposed development above 18 feet in height will not significantly impede any protected private visually impressive views ofthe Pacific Ocean or other scenic areas indicated in the LCP or MMC.

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D. Hazards (LIP Chapter 9)

1. Evidence in the record demonstrates that the project will neither be subject to nor increase the instability ofthe site from geologic, flood, or tire hazards. The proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

2. The proposed project. as designed. conditioned and approved by the applicable departments and agencies will not have any significant adverse impacts on the site stability or structural integrity from geologic or flood hazards due to project modifications. landscaping or other conditions.

3. The proposed project. as designed and conditioned. is the least environmentally damaging alternative.

4. There are no feasible alternatives that would avoid or substantially lessen impacts on site stability or structural integrity.

5. Evidence in the record demonstrates that the project is not expected to have adverse impacts on sensitive resources.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23—019. and SPR No. 23—024 subject to the following conditions.

SECTION 5. Conditions ofApproval.

Standard Conditions
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 oflitigation expenses in favor of any person or entity who seeks to challenge the validity of any ofthe 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 reimburse the City‘s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

1. 2. Approval ofthis application is to allow for the following:
a. 4,270 square foot, two-story, single-family residence with a 970 square foot basement, plus a 750 square foot attached three-car garage; 900 square foot detached second unit; 500 square foot detached accessory garage; 432 square foot yoga studio Permeable driveway;
Swimming pool;
OQWWOOO‘— New landscaping; and;
U).

Resolution N0. 24—21

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h. OWTS;
Except as specifically changed by conditions ofapproval, the proposed development shall be constructed in substantial conformance with the approved scope ofwork, as described in Condition No. 2 and depicted on plans on file with the Planning Department date—stamped April 2, 2024. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached hereto. In the event project plans conflict with any condition of approval. the condition shall take precedence.

Pursuant to LIP Section 13. l 8.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Department prior to the issuance ofany development permits.

The applicant shall digitally submit a complete set ofplans to the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

The CDP shall expire ifthe project has not commenced within three (3) years after issuance of the permit, unless a time extension has been granted. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request.

Any questions of intent or interpretation ofany condition ofapproval will be resolved by the Planning Director upon written request of such interpretation.

All development shall conform to requirements of the City of Malibu Environmental Sustainability Department. City Biologist. City Coastal Engineer, City Environmental Health Administrator. City geotechnical staff. City Public Works Department. Los Angeles County Waterworks District No. 29 and LACFD. as applicable. Notwithstanding this review, all required permits shall be secured.

Minor changes to the approved plans or the conditions ofapproval may be approved by the Planning Director. provided such changes achieve substantially the same results and the project is still in compliance with the MMC and LCP. Revised plans reflecting the minor changes and additional fees shall be required.

10. Pursuant to LIP Section 13.20. development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals. including those to the California Coastal Commission (CCC), have been exhausted. In the event that the CCC denies the permit or issues the permit on appeal, the CDP approved by the City is void.
ll. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

ReSGIutiOn No. 24—21

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Cultural Resources

12. In the event that potentially important cultural resources are found in the course of geologic testing or during construction work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Director can review this information. Thereaften the procedures contained in LIP Chapter 1 l and those in MMC Section 17.54.040(D)(4)(b) shall be followed.

13. If human bone is discovered during geologic testing or during construction. work shall immediately cease and the procedures described in Section 7050.5 ofthe California Health and Safety Code shall be followed. Section 7050.5 requires notification ofthe coroner. If the coroner determines that the remains are those of a Native American. the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission. the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Geology

14. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City geotechnical staff shall be incorporated into all final design and construction including foundations. grading. sewage disposal, and drainage. Final plans shall be reviewed and approved by the City geotechnical staff prior to the issuance of a grading permit.

15. Final plans approved by the City geotechnical staff shall be in substantial conformance with the approved CDP relative to construction, grading. sewage disposal and drainage. Any substantial changes may require a CDP amendment or a new CDP.

Environmental Health

16. Prior to the issuance of a building permit the applicant shall demonstrate. to the satisfaction ofthe Building Official. compliance with the City of Malibu’s onsite wastewater treatment regulations including provisions ofMMC Chapters 15.40. 15.42. 15.44. and LIP Chapter 18 related to continued operation. maintenance and monitoring of the OWTS.

17. Final OWTS Plot Plan: Prior to final Environmental Health approval. a final OWTS plot plan prepared by a City Registered OWTS Designer shall be submitted showing an OWTS design meeting the minimum requirements of the MMC and the LCP, including necessary construction details. the proposed drainage plan for the developed property and the proposed landscape plan for the developed property. The OWTS plot plan shall show essential features ofthe OWTS and must fit onto an 1 1—inch by 17-inch sheet leaving a five-inch margin clear to provide space for a City applied legend. Ifthe scale ofthe plans is such that more space is needed to clearly show construction details and/or all necessary setbacks. larger sheets may also be provided (up to a maximum size of 18 inches by 22 inches).

18. Final OWTS Design Report. Plans. and System Specifications: If the OWTS design and/or bedroom/drainage fixture unit counts are modified in any way subsequent to the Planning— Resolution N0. 24-21

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stag€ review, then a flnal OWTS design report and large set ofconstruction drawings with system specifications (four sets) shall be submitted to describe the OWTS design basis and all components (i.e., alarm system, pumps, timers. flow equalization devices, backtlow devices, etc.) proposed for use in the construction of the proposed OWTS. For all OWTS, final reports must be signed by a City registered OWTS Designer, and the plans stamped by a California Geologist. The final OWTS design report and construction drawings shall be submitted to the City Environmental Health Administrator with the designer‘s wet signature. professional registration number and stamp (if applicable). l9. Any above—ground equipment associated with the installation ofthe OWTS shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall not be higher than 42—inches tall.

20. The final design report shall contain the following information (in addition to the items listed above). a. The Whitson Engineers grading plans depict a new fill slope in the vicinity ofthe future leach trenches. Please discuss impact ofthe proposed grading on the OWTS design and provide mitigation measures, as appropriate. b. Required treatment capacity for wastewater treatment and disinfection systems. The treatment capacity shall be specified in terms of flow rate, gallons per day, and shall be supported by calculations relating the treatment capacity to the number of bedroom equivalents, plumbing drainage fixture equivalents. and the subsurface effluent dispersal system acceptance rate. The drainage fixture unit count must be clearly identified in association with the design treatment capacity. even ifthe design is based on the number ofbedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design; c. Sewage and effluent pump design calculations (as applicable). c. Description ofproposed wastewater treatment and/or disinfection system equipment.

State the proposed type oftreatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package” systems; and conceptual design for custom engineered systems; d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion ofthe onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates ofhydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day.

Specifications for the subsurface effluent dispersal system shall be shown to accommodate the design hydraulic loading rate (i.e.. average and peak OWTS effluent flow, reported in units ofgallons per day). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units and building occupancy characteristics; and
e. All final design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the scale of the plan is such that more space is needed to Resolution N0. 24—21

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clearly Show construction details, larger sheets may also be provided (up to a maximum size of 18-inch by 22-inch, for review by Environmental Health). Note:

For OWTS fmal designs. full—size plans are required for review by the Building Safety Division and/or the Planning Department.

21. A covenant running with the land shall be executed by the property owner and recorded with the Los Angeles County Recorder’s Office. Said covenant shall serve as constructive notice to any successors in interest that: l) the private sewage disposal system serving the development on the property does not have a 100 percent expansion effluent dispersal area (i.e., replacement disposal field(s) or seepage pit(s)); and 2) ifthe primary effluent dispersal area fails to drain adequately, the City of Malibu may require remedial measures including but not limited to, limitations on water use enforced through operating permit and/or repairs” upgrades or modifications to the private sewage disposal system. The recorded covenant shall state and acknowledge that future maintenance and/or repair of the private sewage disposal system may necessitate interruption in the use ofthe private sewage disposal system and, therefore, any building(s) served by the private sewage disposal system may become non-habitable during any required future maintenance and/or repair. Said covenant shall be in a form acceptable to the City Attorney and approved by the Environmental Sustainability Department.

22. Proofofownership ofsubject property shall be submitted to the City Environmental Health Administrator.

24. Prior to final Environmental Health approval, a maintenance contract executed between the owner ofthe subject property and an entity qualified in the opinion ofthe City of Malibu to maintain the proposed AOWTS after construction shall be submitted. Only original wet signature documents are acceptable and shall be submitted to the City Environmental Health Administrator.

25. The City geotechnical consultant reviewers final approval shall be submitted to the City Environmental Health Administrator.

Res01ution N0. 24—21

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Street Improvements

28. This project proposes t0 construct a new driveway within City‘s right-of—way. Prior to the Public Works Department’s approval 0f 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-inches ofaggregate base, or 4-inches ofasphalt concrete over 6-inches ofaggregate base. The driveway shall be flush with the existing grades with no curbs.

Grading / Drainage / Hydrology

29. The non-exempt grading for the project shall not exceed a total of 1 ,000 cubic yards, cut and till.

30. The total grading yardage verification certificate shall be copied onto the coversheet of the Grading Plan. No alternative formats or substitutes will be accepted.

31. A grading and drainage plan containing the following information shall be approved, and submitted to the Public Works Department prior to the issuance ofgrading permits for the prOJect: a. Public Works Department general notes;
b. 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); c. The limits ofland to be disturbed during project development shall be delineated and a total area Shall be shown on this plan. Areas disturbed by grading equipment beyond the limits ofgrading, areas disturbed for the installation ofthe septic system, and areas disturbed for the installation of the detention system shall be included within the area delineated;
d. The limits to land to be disturbed during project development shall be delineated and a total area of disturbance should be shown on this plan. Areas disturbed by grading equipment beyond the limits of grading shall be included within the area delineated; e. Ifthe property contains rare, endangered or special status species as identified in the Biological Assessment, this plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing ofthese areas shall be delineated on this plan as required by the City Biologist;
f. The grading limits shall include the temporary cuts made for retaining walls, buttresses and over excavations for flll slopes; and
g. Private storm drain systems shall be shown on this plan. Systems greater than 12— inch in diameter shall also have a plan and profile for the system included with this plan.

32. A digital drawing (AutoCAD) ofthe project’s private storm drain system. public storm drain system within 250 feet ofthe property limits. and post—construction BMPs 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 BMP’s and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

Resolution N0. 24—21

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33. 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.

Prohibits the discharge oftrash.
c. 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). d. Elimination of non—storm water discharges.

All Best Management Practices (BMPs) shall be in accordance to the latest version of the California Stormwater Quality Association (CASQA) BMP Handbook. Designated areas for the storage ofconstruction materials. solid waste management. and portable toilets must not disrupt drainage patterns or subject the material to erosion by site runoff.

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36. Storm drainage improvements are required to mitigate increased runoff generated by property development. The applicant shall have the choice of one method specified within LIP Section 17.3.2.B.2.

37. A Stomi Water Management Plan (SWMP) shall be submitted for review and approval ofthe Public Works Director. The SWMP shall be prepared in accordance with LIP Section 17.3.2 and all other applicable ordinances and regulations. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the pie—development and post—development drainage of the site. The SWMP shall identify the site design and source control BMPS that have been implemented in the design of the project. The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance ofthe grading or building permit for this project.

Clearing and grading during the rainy season (extending from November l to March 3 l) shall be prohibited for development that:
a. Is located within or adjacent to ESHA, or
b. Includes grading on slopes greater than 4 to l.

Approved grading for development that is located within or adjacent to ESHA or on slopes greater than 4 to 1 shall not be undertaken unless there is sufficient time to complete grading operations before the rainy season. lfgrading 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 3 l. unless the City determines that completion of grading would be more protective of resources.

39. The Building Official may approve grading during the rainy season to remediate hazardous geologic conditions that endanger public health and safety.

40. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

41. All cut and fill slopes shall be stabilized with landscaping at the completion offinal grading.

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

43. The discharge of swimming pool. spa and decorative fountain water and filter backwash. including water containing bacteria. detergents. wastes, algaecides 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:
a. The discharge water is dechlorinated. debrominated or if the water is disinfected usmg ozonation;
There are sufficient BMPs in place to prevent soil erosion; and 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.

Resolution N0. 24—21

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44. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval ofthe Public Works Director. The WQMP shall be prepared in accordance with LIP Section 17.3.3 and all other applicable ordinances and regulations. The WQMP shall be supported by a hydrology and hydraulic study that identities all areas contributory to the property and an analysis ofthe predevelopment and post development drainage on the site. The following elements shall be included within the WQMP:
a. Site Design BMPs;
Source Control BMPs;
Treatment Control BMPs;
Drainage improvements;
Methods for onsite percolation. site re-vegetation and an analysis for off—site project impacts; Measures to treat and infiltrate runoff from impervious areas; g. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
h. 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; and
The WQMP shall be submitted to the Building Safety Division and the fee applicable at the time of submittal for review ofthe WQMP shall be paid prior to the start ofthe technical review. Once the plan is approved and stamped by the Public Works Department. the original signed and notarized document shall be recorded with the County Recorder. A certified copy of the WQMP shall be submitted prior to the Public Works Department approval ofbuilding plans for the project. (DQ06‘
7*7
Water Quality / Water Service

45. Prior to the issuance of a building permit. the applicant shall submit an updated Will Serve letter from WD29 to the Planning Department indicating the ability ofthe property to receive adequate water service.

Fire Department

46. The project will require fire flow of 1.250 gallons per minute at 2O psi (pounds per square inch) for a one—hour duration.

47. The project is required to have an interior automatic fire sprinkler system.

Construction / Framing

48. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check approval.

Resoluti0n No. 24-21

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50. Construction management techniques, including minimizing the amount ofequipment used simultaneously and increasing the distance between emission sources. shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires rinsed prior to leaving the property.

51. All new development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures prepared by a licensed engineer that incorporate structural and non—structural BMPS to control the volume, velocity and pollutant load of storm water runoffin compliance with all requirements contained in LIP Chapter 17, including:
a. Construction shall be phased to the extent feasible and practical to limit the amount of disturbed areas present at a given time.
b. Grading activities shall be planned during the southern California dry season (April through October). c. During construction, contractors shall be required to utilize sandbags and berms to control runoff during on—site watering and periods of rain in order to minimize surface water contamination.
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

52. When framing is complete. a site survey shall be prepared by a licensed civil engineer or architect that states the finished ground level elevation and the highest roof member elevation. Prior to the commencement offurther construction activities, said document shall be submitted to the assigned Building Inspector and Planning Department for review and sign off on framing.

Colors and Materials

Lighting

54. Exterior lighting shall be minimized, shielded, or concealed and restricted to low intensity features, so that no light source is directly visible from public view. Permitted lighting shall conform to the following standards:
a. Lighting for walkways shall be limited to fixtures that do not exceed two feet in height and are directed downward, and limited to 850 lumens (equivalent to a 60~ watt incandescent bulb);
b. Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; c. Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; Resolution N0. 24-21

Page 14 of 1 ends

d. Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens; e. Site perimeter lighting shall be prohibited; and
f. Outdoor decorative lighting for aesthetic purposes is prohibited.

55. Night lighting for sports courts or other private recreational facilities shall be prohibited.

58. Up-lighting of landscaping is prohibited.

Biology/Landscaping

59. Prior to installation ofany landscaping, the applicant shall obtain a plumbing permit for the proposed irrigation system from the Building Safety Division.

60. Prior to or at the time ofPlanning Final inspection. the propeity owner/applicant shall submit to the case planner a copy ofthe plumbing permit for the irrigation system installation that has been signed offby the Building Safety Division.

61. Prior to final Planning inspection or other final proj ect 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 Section 17.53.030).

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 Section 17.53.030. (form attached)

62. 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.

63. 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 (6) 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. Three sequential violations of this condition will result in a requirement to permanently remove the vegetation from the site.

64. 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).

65. Invasive plan species. as determined by the City of Malibu. are prohibited.

Resolution N0. 24-21

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66. NO non-native plan species shall be approved greater than 50 feet from the residential structure.

67. The landscape plan shall prohibit the use ofbuilding materials treated with toxic compounds such as copper arsenate.

68. Grading/ Grading/excavation/vegetation removal scheduled between February l - 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 ofsite 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 ofthe surveys shall be turned in to the City within two business days of completion of surveys

70. Necessary boundary fencing ofany single area exceeding 1/2 acre shall be of‘an open rail—type design with a wooden rail at the top (instead ofwire). 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.

Swimming P001 / Spa / Water Feature

71. On-site noise, including that which emanates from swimming pool and air conditioning equipment. shall be limited as described in MMC Chapter 8.24 (Noise).

72. Pool and air conditioning equipment that will be installed shall be screened from View by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section

3.5.3(A).

73. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak ofthe inner wall.

74. Pursuant to the Clean Water Act and the Malibu Water Quality Ordinance. discharge of water from a pool / spa is prohibited. Provide information on the plans regarding the type of sanitation proposed for pool. a. Ozonization systems are an acceptable alternative to chlorine. The discharge ofclear water from ozonization systems is not permitted to the street; b. Salt water sanitation is an acceptable alternative to chlorine. The discharge of salt water is not permitted to the street; and
c. Chlorinated water from pools or spas shall be trucked to a publicly-owned treatment works facility for discharge.

75. The discharge ofchlorinated and non-chlorinated pool / spa water into streets. storm drains. creeks. canyons. drainage channels. or other locations where it could enter receiving waters ReSOIution N0. 24-21

Page 16 of 1 ends

is prohibited.

76. A Sign stating “It is illegal t0 discharge p001, spa” 01‘ water feature waters t0 a street, drainage course, 0r storm drain per MMC Section 13.04.060(D)(5)” shall be posted in the filtration and/or pumping equipment area for the property.

77. Pursuant to MMC Section 9.20.040(B), all ponds, decorative fountains shall require a water recirculating/recycling system.

Fencing and Walls

78. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination oftwo or more walls.

79. Necessary boundary fencing ofa single area exceeding 0.5-acre shall be ofan open rail-type design with a wooden rail at the top (instead ofwire), be less than 40-inches high, and have a space greater than l4-inches between the ground and the bottom post or wire. A split rail design that blends with the natural environment is preferred.

80. Fencing or walls shall be prohibited within ESHA, except where necessary for public safety or habitat protection or restoration. Fencing or walls that do not permit the free passage of wildlife shall be prohibited in any wildlife corridor. The applicant/owner must submit a detailed fence plan prior to fmal Planning approval to ensure wildlife friendly fencing requirements have been met.

81. Construction fencing shall be installed within five feet ofthe limits of grading prior to the beginning of construction and shall be maintained throughout the construction period (or until the fire protection wall is constructed) to protect the site’s sensitive habitat area.

Prior t0 Occupancy

82. Prior to, or at the time ofa Planning final inspection. the property owner / applicant shall submit to the Planning Department the plumbing permit for the irrigation system installation signed off by the Building Safety Division.

83. Prior to the issuance of a Certificate of Occupancy. the City Biologist shall inspect the project site and determine that all Planning Department conditions to protect natural resources are in compliance with the approved plans.

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discretion ofthe Planning Director. provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

86. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval. and if applicable, the issuance ofthe certificate ofoccupancy.

Deed Restrictions

87. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction. operation, maintenance, existence or failure ofthe permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy ofthe recorded document.

88. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition Nos. 55-59.

The property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

Fixed Conditions

89. This coastal development permit runs with the land and binds all future owners of the property.

90. Violation ofany ofthe conditions ofthis approval may be cause for revocation ofthis permit and termination of all rights granted thereunder.

SECTION 6. The Planning Commission shall certify the adoption ofthis Resolution.

PASSED APPROVED AND ADOPTED this 15‘“ day of April 2024 JOHN
@QW
G MAZZA Plannrno m r ss on Chair
ATTEST:
@QWQW REBECCA EVANS Recording Secretary
Resolution No. 24—21

Page 18 of 18 ends

LOCAL APPEAL - Pursuant t0 LCP LIP Section 1320.1 (Local Appeals) a decision made by 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 10 days 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.malibucityorg, in person at City Hall, or by calling (310) 456-2489. ext. 246.

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 ofthe 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.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 24-21 was passed and adopted by the Planning Commission ofthe City of Malibu at the Regular meeting held on the 15‘“ day ofApril. 2024 by the following vote:
619m REBECCA EVANS,QWL Recording Secretary
AYES: 3 Commissioners: Peak. Smith, Leonard NOES: 2 Commissioners: Hill. Mazza ABSTAIN: 0 ABSENT: 0
Exhibit E

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Commission Agenda Report
To: Chair Hill and Members of the Planning Commission
Prepared by: Kaneca Pompey, Contract Planner
Approved by: Richard Mollica, Planning Director
Date prepared: February 20, 2024 Meeting Date: March 18, 2024 Subject: Coastal Development Permit No. 23-019 and Site Plan Review No. 23- 024 – An application for a new single-family residence, a second unit, and associated development
Location: 30053 Harvester Road, not within the appealable coastal zone
APN: 4469-009-010
Owner: Steven Kent
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 24-21 (Attachment 1) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence, plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS); including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road (Kent).

DISCUSSION: This agenda report provides a project overview, a summary of project setting and surrounding land uses, a description of the project scope, an analysis of the project’s consistency with applicable provisions of the Malibu Local Costal Program (LCP) and Malibu Municipal Code (MMC), and environmental review pursuant to CEQA. The analysis and findings contained herein demonstrate the project is consistent with the LCP and MMC.

Planning Commission
Meeting
03-18-24
Item

5.A.

Exhibit F

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Project Overview
The subject application includes the construction of a new residence, second unit, and accessory development (Attachment 2). The proposed project includes SPR No. 23-024 for construction of a residence over 18 feet in height, up to 24 feet with a flat roof.

In February of 2024, after story poles were erected, staff received concerns from a neighbor regarding the project. Specifically, the neighbor was concerned with the possibility of Environmentally Sensitive Habitat Area (ESHA) being present onsite. The neighbor raised points regarding a potential stream that exists between 30069 and 30053 Harvester Road. The applicant submitted a biological inventory by Edith Read and Associates, Inc. regarding site conditions which concluded that no ESHA, including a stream, exists on or adjacent to the property. The applicant was not required to provide further information and ESHA, including the presence of a stream or riparian habitat was determined to be absent on the property. The western portion of the property slopes down into a gulley where vegetation currently resides. The biological inventory concluded the following:
“These gullies are not indicated as “blueline” streambeds on the historical USGS map and their hydrologic regimes are best characterized as ephemeral. No wetland conditions were observed during the survey, and with the exception of an immature sycamore and toyon in the west gully, the dominant vegetation consists of nonnative landscape species.” In March of 2024, staff received letters of support for the project, specifically stating that the proposed design will be aesthetically pleasing and compatible with the neighborhood.

The complete correspondence is attached to this report as Attachment 5.

Project Setting and Surrounding Land Uses
The subject property is located north of Harvester Road between Deerhead Road and Filaree Heights. Properties in the vicinity of the subject property are zoned RR-2 and are developed with one- and two-story single-family residences and accessory structures. The project area is not designated ESHA as shown on the LCP ESHA Overlay Map.

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Figure 1 – Aerial Site Photo
Source: City GIS, 2024
According to the LCP Park Lands Map, the Zuma Ridge Trail resides just south of the property along Harvester Road. However, this portion of the Zuma Ridge Trail is not improved. As a trail that has yet to be improved, views from it are not protected.

MMC Section 17.40.040(A)(20) requires additional development standards if the proposed development meets the definition for “Hillside residential development” and is visible from a scenic area. The applicant submitted a color-coded slope analysis using 10-foot contours as required by the MMC. The proposed project does not meet the definition for “Hillside residential development” because no portion of the development is proposed on 30 percent slopes.

Table 1 provides a summary of the lot dimensions and lot area.

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Table 1 – Project Setting
Lot Depth 341’-1” feet
Lot Width 135 feet
Gross Lot Area 49,151 square feet
Net Lot Area* 43,751 square feet
*Net Lot Area=Gross Lot Area minus the area of public, or private future, street easements and 1 to 1 slopes.

Table 2 provides a summary of the neighboring surrounding land uses and lot sizes.

Table 2- Adjacent Land Uses
Direction Address Size Zone Land Use
North 30000 Cuthbert Rd 3.04 acres RR-2 Single-Family Residence (Destroyed in Woolsey Fire)
North 29956 Cuthbert Rd 1.9 acres RR-2 Single-Family Residence South 30040 Harvester Rd 1.22 acres RR-2 Single-Family Residence East 30033 Harvester Rd 1.3 acres RR-2 Single-Family Residence West 30069 Harvester Rd 1.67 acres RR-2 Single-Family Residence The lot is bounded by descending 4 to 1 (in blue) on the east, and steeper slopes (in green) ascending 3 to 1 to the west. The flattest area of the lot is the building pad for the proposed residence. The development is sited to avoid slopes steeper than 3 to 1 (Figure 2).

Figure 2 – Color Coded Slope Analysis
Source: Applicant

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Project Description
The proposed scope of work is as follows (Attachment 2 - Project Plans):

Construction
a. 4,270 square foot, two-story, single-family residence, plus a 750 square foot attached three-car garage;
b. 900 square foot detached second unit;
c. 500 square foot detached accessory garage;
d. 432 square foot yoga studio;
e. Permeable driveway;
f. Swimming pool;
g. New landscaping; and
h. OWTS.

Discretion Request
• SPR No. 23-024 for construction up to construct the residence in excess of 18 feet in height, up to 24 feet with a flat roof.

Proposed Total Development Square Footage (TDSF)
• Single-family residence w/attached garage 5,020 sq.ft. • Second unit 900 sq.ft.
• Detached accessory garage 500 sq.ft.
• Yoga studio 432 sq.ft.

Total: 6,852 sq.ft.

LCP Analysis
The LCP consists of the Land Use Plan (LUP) and the Local Implementation Plan (LIP).

The LUP contains programs and policies implementing the Coastal Act in Malibu. The LIP carries out the policies of the LUP and contains specific requirements to which every project requiring a CDP must adhere.

There are 14 LIP chapters that potentially apply depending on the nature and location of the proposed project. Of these, five are for conformance review only and contain no findings: 1) Zoning, 2) Grading, 3) Archaeological/Cultural Resources, 4) Water Quality, and 5) OWTS. These chapters are discussed in the LIP Conformance Analysis section.

The nine remaining LIP chapters do contain required findings: 1) Coastal Development Permit; 2) ESHA; 3) Native Tree Protection; 4) Scenic, Visual and Hillside Resource Protection; 5) Transfer of Development Credits; 6) Hazards; 7) Shoreline and Bluff Development; 8) Public Access; and 9) Land Division.

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For the reasons described in this report, only the following chapters and associated findings are applicable to the project: Coastal Development Permit (including the required findings for the SPR) and Hazards. These chapters are discussed in the LIP Findings section of this report.

LIP Conformance Analysis
The Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical consultant reviewers, Los Angeles County Waterworks District 29 (WD29), and the Los Angeles County Fire Department (LACFD) reviewed the proposed project (Attachment 4 – Department Review Sheets). These specialists found the project, as proposed and conditioned, to be consistent with all applicable LCP codes, standards, goals and policies, inclusive of the discretionary requests.

Zoning (LIP Chapter 3)
The project is subject to non-beachfront residential development and design standards set forth under LIP Sections 3.5 and 3.6. Table 3 provides a summary and indicates the proposed project meets those standards, inclusive of the discretionary requests.

Table 3 – Zoning Conformance
Development Requirement Allowed/
Required Proposed Comments
SETBACKS (ft.)
Front Yard 65’ 130’ Complies
Rear Yard 51’-1” 51’-2” Complies
Side Yard (Minimum 10%) [North] 13’-6” 13’-6” Complies
Side Yard [South] 20’- ¼” 20’-3” Complies
Total Required Side Yard (25%) 23’- ¾ “ 23’-9” Complies

PARKING SPACES
Enclosed (10 ft. x18 ft.) 2 3 Complies
Unenclosed (10 ft. x18 ft.) 2 2 Complies
TOTAL DEVELOPMENT SQUARE FOOTAGE (TDSF) (sq. ft.)
TDSF 7,043 6,852 Complies
Primary Residence w/ Attached Garage 5,020
Detached Garage 500
Detached Second Unit 900 900 Complies
Yoga Studio 432

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Table 3 – Zoning Conformance
Development Requirement Allowed/
Required Proposed Comments
2/3rds RULE = Area above 18 ft. (sq. ft.) 2,008 2,008 Complies Area less than 18 ft. 3,012
HEIGHT (ft.) 18 24 SPR
IMPERMEABLE COVERAGE (sq. ft.) 13,733 12,582 Complies
NON-EXEMPT GRADING (cu. yd.) 1,000 750 Complies
Grading (LIP Chapter 8)
LIP Section 8.3 ensures that new development minimizes the visual resource impacts of grading and landform alteration by restricting the amount of non-exempt grading to a maximum of 1,000 cubic yards for a residential parcel. As summarized in Table 4, the project includes 895 cubic yards of non-exempt grading. Therefore, the project complies with grading requirements set forth under LIP Section 8.3.

Table 4 – LCP Grading Conformance
R&R
(exempt)
Understructure
(exempt)
Safety
(exempt)
NonexemptRemedial Total
Cut 950 cy 600 cy 100 250 cy 0 1900 cy
Fill 950 cy 150 cy 150 500 cy 0 1750 cy
Total 1900 cy 750 cy 250 750 cy 0 3650 cy
Import 0 0 50 250 cy 0 0
Export 0 450 cy 0 0 0 150 cy
*Note: R &R = Removal and Recompaction; cy= cubic yards ** Exempt grading includes Removal and Recompaction (R &R), understructure, and safety grading. Safety grading is the incremental grading required for fire department access (such as turnouts, hammerheads and turnarounds and any other increases in driveway width above 15 feet required by the Los Angeles County Fire Department).

Archaeological / Cultural Resources (LIP Chapter 11)
LIP Chapter 11 requires certain procedures be followed to determine potential impacts on archaeological resources. A Phase I Archaeological Report was prepared for the subject parcel in December 2021 by Robert J. Wlodarski of Historical, Environmental, Archaeological, Research, Team (H.E.A.R.T.). The report did not identify any evidence of resources onsite and concluded that any improvements within the project area would not have adverse effects on cultural resources.

Nevertheless, a condition of approval is included in the resolution which states that in the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist

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can provide an evaluation of the nature and significance of the resources, and until the Planning Director can review this information.

Water Quality (LIP Chapter 17)
The City Public Works Department reviewed and approved the proposed project for conformance to LIP Chapter 17 requirements for water quality protection. A standard condition of approval for this project requires that prior to the issuance of any development permit, a Local Storm Water Pollution Prevention Plan incorporating construction-phase Erosion and Sediment Control Plan and Best Management Practices, must be approved by the City Public Works Department. Additionally, the ocean between Latigo Point and the western 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.

As such, the applicant’s drainage system is required to retain all non-stormwater runoff on the property without discharge to the ASBS, and to maintain the natural water quality within the ASBS by treating storm runoff for pollutants in residential storm runoff that would cause a degradation of ocean water quality in the ASBS. A condition is also included requiring a Water Quality Mitigation Plan. With the implementation of these conditions, the proposed project conforms to the water quality protection standards of LIP Chapter 17.

Wastewater Treatment Systems Standards (LIP Chapter 18) LIP Chapter 18 addresses OWTS. LIP Section 18.7 includes specific siting, design, and performance requirements. The project proposes an OWTS to serve the proposed development, which has been reviewed by the City Environmental Health Administrator and found to meet the minimum requirements of the Malibu Plumbing Code, the MMC and the LCP. The details of the system can be found on the City Environmental Health Administrator Review Sheet, included in Attachment 4. The proposed OWTS will meet all applicable requirements and operating permits will be required. An operation and maintenance contract and recorded covenant covering such must comply with City of Malibu Environmental Health requirements. Conditions of approval have been included in this resolution, which require continued operation, maintenance, and monitoring of onsite facilities.

LIP Findings
A. Coastal Development Permit (LIP Chapter 13)
LIP Section 13.9 requires that the following four findings be made for all coastal development permits.

Finding 1. That the project as described in the application and accompanying materials, as modified by any conditions of approval, conforms with the certified City of Malibu Local Coastal Program.

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The project is located in the RR-2 residential zoning district, an area designated for residential uses. The Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical consultant reviewers, WD29, and LACFD reviewed the project for conformance with the LCP. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as designed and conditioned, conforms to the LCP in that it meets all applicable residential development standards, inclusive of the requested discretionary request.

Finding 2. If the project is located between the first public road and the sea, that the project is in conformity to the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (commencing with Sections 30200 of the Public Resources Code).

The project is not located between the first public road and the sea. Therefore, this finding does not apply.

Finding 3. The project is the least environmentally damaging alternative.

The following alternatives to the proposed project were considered.

Alternative Location Onsite – All structures are proposed within the two-acre convex development area as required by LIP Section 3.6(H). Many properties along Harvester are developed similarly.

The applicant could have proposed a smaller, single-story home to avoid the SPR for height over 18 feet. However, the proposed project will comply with the LCP, including the allowable TDSF. No protected view or ESHA impacts are anticipated as a result of the proposed development.

Proposed Project – The project consists of the construction of a new single-family residence, second unit, swimming pool, yoga studio, and associated development. All proposed uses are permitted uses within the RR-2 zoning designation. The project also complies with the impermeable coverage calculation, TDSF calculation, two-thirds rule, and setback requirements. The City Planning Department, City Biologist, City Environmental Health Administrator, City geotechnical consultant reviewers, City Public Works Department, WD29, and the LACFD reviewed the project site and found the project meets with City’s residential development policies of the LCP and MMC. The proposed development is consistent with existing development in the area and has been determined not to result in adverse impacts. Therefore, there are no project alternatives that would provide a significant benefit to the environment compared to the proposed project. The proposed project meets the development policies of the LCP and MMC, with the inclusion of the SPR and is the least environmentally damaging alternative.

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Finding 4. If the project is located in or adjacent to an environmentally sensitive habitat area pursuant to Chapter 4 of the Malibu LIP (ESHA Overlay), that the project conforms with the recommendations of the Environmental Review Board, or if it does not conform with the recommendations, findings explaining why it is not feasible to take the recommended action.

The subject property is not in a designated ESHA or ESHA buffer as shown on the LCP ESHA and Marine Resources Map. Thus, review by the Environmental Review Board was not required, and this finding does not apply.

B. Site Plan Review No. 23-024 – Construction in Excess of 18 Feet in Height (LIP Section 13.27)
A site plan review is proposed to allow the construction of a new residence in excess of 18 feet in height that will be a maximum of 24 feet in height with a flat roof. Pursuant to LIP Section 3.6(E) the height of structures is limited to 18 feet in height, unless a site plan review is approved allowing a height of 24 feet with a flat roof; therefore, a site plan review is required.

LIP Section 13.27.5(A) requires that the City make four findings in consideration and approval of a site plan review. Two additional findings are required pursuant to MMC Section 17.62.060. Based on the foregoing evidence contained in the record, the required findings for SPR No. 23-024 are made as follows:

Finding 1. The project is consistent with policies and provisions of the Malibu LCP.

The project has been reviewed, conditioned and approved for conformance with the LCP by all applicable City and County departments and was found to be consistent with the LCP, inclusive of the subject site plan review.

Finding 2. The project does not adversely affect neighborhood character.

In February 2024, the applicant installed story poles documented by staff photos (Attachment 3). Staff evaluated the project for conformance with City codes. Properties in the vicinity of the subject property are developed with a mix of one- and two-story singlefamily residences and accessory structures. As demonstrated with story poles, due to the size, shape and topography of the lot, the location of the proposed development will not be visible from any scenic road or located within primary views of neighboring properties.

Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding build environment. Therefore, the portions of the structure exceed 18 feet in height are not anticipated to adversely affect neighborhood character.

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Finding 3. The project provides maximum feasible protection to significant public views as required by Chapter 6 of the Malibu LIP.

The existing size, shape and location of the subject property limits visibility of the proposed development from Pacific Coast Highway or any scenic area as described in the LCP.

Primary View Determinations within the area are not expected to be impacted by the proposed development.

Finding 4. The proposed project complies with all applicable requirements of state and local law.

The proposed project will comply with all applicable requirements of State and local law and is conditioned to comply with any relevant approvals, permits and licenses from the City of Malibu and other related agencies.

Finding 5. The project is consistent with the City's general plan and local coastal program.

As discussed in Finding 1, the proposed project, as designed and conditioned, is consistent with the LCP in that it is consistent with the applicable residential land use designation and is consistent with all applicable development and design standards of the LCP and General Plan, inclusive of the associated discretionary requests. The proposed residence incorporates siting and design measures to minimize visual impacts and landform alteration.

Finding 6. The portion of the project that is in excess of 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 MMC Section 17.40. 040(A)(17).

Story poles were placed on the site in February 2024 to demonstrate the location, height and bulk of the proposed development and to aid the visual analysis of potential private and public view impacts. The proposed development will not significantly impede any private visually impressive views of the Pacific Ocean or other scenic areas indicated in the LCP or MMC. No neighbor contacted staff regarding view impacts.

C. Environmentally Sensitive Habitat Area Overlay (LIP Chapter 4) As determined by the City Biologist and depicted on the LCP ESHA and Marine Resources Map, the subject parcel does not contain ESHA. Therefore, the findings of LIP Chapter 4 are not applicable.

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D. Native Tree Protection (LIP Chapter 5)
There are no native trees on or adjacent to the subject parcel. Therefore, the findings of LIP Chapter 5 do not apply.

E. Scenic, Visual and Hillside Resource Protection (LIP Chapter 6) The Scenic, Visual, and Hillside Resource Protection Chapter governs those coastal development permit applications concerning any parcel of land that is located along, within, provides views to or is visible from any scenic area, scenic road or public viewing area. The subject property is not visible from any scenic area, scenic road or public viewing area. Therefore, the scenic visual and hillside resource protection findings contained in LIP chapter 6 are not applicable.

F. Transfer of Development Credit (LIP Chapter 7)
The proposed project does not include a land division or multi-family development.

Therefore, the findings of LIP Chapter 7 do not apply.

G. Hazards (LIP Chapter 9)
Pursuant to LIP Section 9.3, written findings of fact, analysis and conclusions addressing geologic, flood and fire hazards, structural integrity or other potential hazards listed in LIP Sections 9.2(A)(1-7) must be included in support of all approvals, denials or conditional approvals of development located on a site or in an area where it is determined that the proposed project causes the potential to create adverse impacts upon site stability or structural integrity.

The Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical consultant reviewers, WD29, and LACFD reviewed the proposed development for the hazards listed in LIP Chapter 9. The required findings are made as follows:

Finding 1. The project, as proposed, will neither be subject to nor increase instability of the site or structural integrity from geologic, flood, or fire hazards due to project design, location on the site or other reasons.

The applicant submitted geotechnical and engineering reports and addenda prepared by Gold Coast Geoservices, Inc. These reports are on file at City Hall. In these reports, sitespecific conditions are evaluated and recommendations are provided to address any pertinent issues. Potential hazards analyzed include geologic, seismic and fault rupture, liquefaction, landslide, groundwater, wave uprush and tsunami, and flood and fire hazards.

Based on review of the project plans and associated geotechnical reports by City geotechnical staff, LACFD, City Public Works Department, and the City Environmental

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Health Administrator, these specialists determined that adverse impacts to the project site related to the proposed development are not expected. The project, including the new OWTS, will neither be subject to nor increase the instability of the site from geologic, flood, or fire hazards. In summary, the proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

The project, as conditioned, will incorporate all recommendations contained in the above cited geotechnical report and conditions required by the City geotechnical staff, City Public Works Department and the LACFD, including foundations, AOWTS and drainage. As such, the proposed project, as designed and conditioned, will not increase instability of the site or structural integrity from geologic, flood or any other hazards.

Fire Hazard
The entire City of Malibu is designated as a Very High Fire Hazard Severity Zone, a zone defined by a more destructive behavior of fire and a greater probability of flames and embers threatening buildings. The subject property is currently subject to wildfire hazards and development of a residence on the subject property will not increase the site’s susceptibility to wildfire. The scope of work proposed as part of this application is not expected to have an impact on wildfire hazards.

The City is served by the LACFD, as well as the California Department of Forestry, if needed. In the event of major fires, the County has “mutual aid agreements” with cities and counties throughout the state so that additional personnel and firefighting equipment can augment the LACFD. Conditions of approval have been included in the resolution to require compliance with all LACFD development standards. As such, the project, as designed, constructed, and conditioned, will not be subject to nor increase the instability of the site or structural integrity involving wildfire hazards.

Finding 2. The project, as conditioned, will not have significant adverse impacts on site stability or structural integrity from geologic, flood or fire hazards due to required project modifications, landscaping or other conditions.

As stated in Finding 1, the proposed project, as designed and conditioned, will not have any significant adverse impacts on the site stability or structural integrity from geologic or flood hazards due to project modifications, landscaping or other conditions.

Finding 3. The project, as proposed or as conditioned, is the least environmentally damaging alternative.

As previously stated in Section A, Finding 3, the proposed project, as designed and conditioned, is the least environmentally damaging alternative.

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Finding 4. There are no alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.

As previously discussed in Section A, Findings 3 and Section G, Finding 1, there are no feasible alternatives to development that would avoid or substantially lessen impacts on site stability or structural integrity.

Finding 5. Development in a specific location on the site may have adverse impacts but will eliminate, minimize or otherwise contribute to conformance to sensitive resource protection policies contained in the certified Malibu LCP.

As discussed in Section A, Finding 3, the proposed project, as designed and conditioned, is the least environmentally damaging alternative and no adverse impacts to sensitive resources are anticipated.

H. Shoreline and Bluff Development (LIP Chapter 10)
The Shoreline and Bluff Development Chapter governs those coastal development permit applications that include development on a parcel located along the shoreline as defined by the LCP. The project site is not located on or along the shoreline, a coastal bluff or blufftop fronting the shoreline. Therefore, this finding does not apply.

I. Public Access (LIP Chapter 12)
LIP Section 12.4 requires public access for lateral, bluff-top, and vertical access near the ocean, trails, and recreational access for the following cases:

A. New development on any parcel or location specifically identified in the Land Use Plan or in the LCP zoning districts as appropriate for or containing a historically used or suitable public access trail or pathway.

B. New development between the nearest public roadway and the sea.

C. New development on any site where there is substantial evidence of a public right of access to or along the sea or public tidelands, a blufftop trail or an inland trail acquired through use or a public right of access through legislative authorization.

D. New development on any site where a trail, bluff top access or other recreational access is necessary to mitigate impacts of the development on public access where there is no feasible, less environmentally damaging, project alternative that would avoid impacts to public access.

As described herein, the subject property and the proposed project do not meet any of these criteria in that no trails are identified on the LCP Park Lands Map on or adjacent to the property, and the property is not located between the first public road and the sea, or

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on a bluff or near a recreational area. The requirement for public access of LIP Section

12.4 does not apply and further findings are not required.

J. Land Division (LIP Chapter 15)
This project does not include a land division. Therefore, the findings of LIP Chapter 15 do not apply.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in CEQA, the Planning Department has analyzed the proposed project. The Planning Department found that this project 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 pursuant to Sections 15303(a) and (e) - New Construction. The Planning Department 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).

PUBLIC NOTICE: On February 15, 2024, staff published a Notice of Public Hearing in a newspaper of general circulation within the City of Malibu and mailed the notice to all property owners and occupants within a 500-foot radius of the subject property (Attachment 6).

SUMMARY: The required findings can be made that the project complies with the LCP and MMC. Further, the Planning Department’s findings of fact are supported by substantial evidence in the record. Based on the analysis contained in this report and the accompanying resolution, staff recommend approval of this project, subject to the conditions of approval contained in Section 5 (Conditions of Approval) of Planning Commission Resolution No. 24-21. The project has been reviewed and conditionally approved for conformance with the LCP by Planning Department staff and appropriate City and County departments.

ATTACHMENTS:

1. Planning Commission Resolution No. 24-21

2. Project Plans

3. Story Pole Photos - March 2024

4. Department Review Sheets

5. Public Correspondence

6. Public Hearing Notice
ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 24-21

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU, DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-019TO CONSTRUCT A NEW 4,270 SQUARE FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE, WITH A 750 SQUARE FOOT ATTACHED THREE-CAR GARAGE, 900 SQUARE FOOT DETACHED SECOND UNIT, 500 SQUARE FOOT DETACHED GARAGE, 432 SQUARE FOOT YOGA STUDIO, SWIMMING POOL, GRADING,

LANDSCAPING, HARDSCAPE, AND ONSITE WASTEWATER TREATMENT SYSTEM, INCLUDING SITE PLAN REVIEW NO. 23-024 TO CONSTRUCT THE RESIDENCE IN EXCESS OF 18 FEET IN HEIGHT UP TO 24 FEET FOR A FLAT

ROOF, LOCATED IN THE RURAL RESIDENTIAL, TWO-ACRE ZONING DISTRICT AT 30053 HARVESTER ROAD (KENT)
The Planning Commission of the City Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On March 15, 2023, an application for Coastal Development Permit (CDP) No. 23- 019, Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet with a flat roof was submitted to the City for review. The application was routed to the City geotechnical consultant reviewers, City Environmental Health Administrator, City Biologist, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29) and the Los Angeles County Fire Department (LACFD) for review.

B. On November 1, 2023, a Notice of CDP Application was posted on the subject property.

C. On March 4, 2024, staff conducted a site visit to inspect the installation of story poles.

D. On November 30, 2023, the CDP application was deemed complete for processing.

SECTION 2. Environmental Review.

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________________
of CEQA pursuant to Sections 15303(a) and (e) - New Construction. The Planning Commission 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).

SECTION 3. Coastal Development Permit Findings.

Based on evidence contained within the record, including the agenda report for the project and the hearing on March 18, 2024, and pursuant to the Local Coastal Program (LCP) Local Implementation Plan (LIP) including Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC), the Planning Commission adopts the findings of fact below, for CDP No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence plus a 750 square foot attached three-car garage, 900 square foot attached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS), including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road.

The project is consistent with the zoning, grading, cultural resources, water quality, and onsite wastewater treatment system (OWTS) requirements of the LCP. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies, inclusive of the requested site plan review. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project is located in the RR-2 residential zoning district, an area designated for residential uses. The Planning Department, City Biologist, City Environmental Health Administrator, City Public Works Department, City geotechnical consultant reviewers, WD29, and LACFD reviewed the project for conformance with the LCP. As discussed herein, based on submitted reports, project plans, visual analysis and site investigation, the proposed project, as designed and conditioned, conforms to the LCP in that it meets all applicable residential development standards, inclusive of the requested discretionary request.

2. The proposed development is consistent with existing development in the area and has been determined not to result in adverse impacts. Therefore, there are no project alternatives that would provide a significant benefit to the environment compared to the proposed project. The proposed project meets the development policies of the LCP and MMC, with the inclusion of the SPR and is the least environmentally damaging alternative.

3. The subject property is not in a designated ESHA or ESHA buffer as shown on the LCP ESHA and Marine Resources Map. Thus, review by the Environmental Review Board was not required.

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1. The project has been reviewed, conditioned and approved for conformance with the LCP by all applicable City and County departments and was found to be consistent with the LCP, inclusive of the subject site plan review.

2. In February 2024, the applicant installed story poles and photo documented the story poles. Staff evaluated the project for conformance with City codes. Properties in the vicinity of the subject property are developed with a mix of one and two-story single-family residences and accessory structures. As demonstrated with story poles, due to the size, shape and topography of the lot, the location f the proposed development will not be visible from any scenic road or located within primary views of neighboring properties. Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding build environment. Therefore, the portions of the structure exceed 18 feet in height are not anticipated to adversely affect neighborhood character.

3. The existing size and shape of the subject property limits visibility of the proposed development from Pacific Coast Highway or any scenic area as described in the LCP. Primary View Determinations within the area are not expected to be impacted by the proposed development.

5. The proposed project, as designed and conditioned, is consistent with the LCP in that it is consistent with the applicable residential land use designation and is consistent with all applicable development and design standards of the LCP and General Plan, inclusive of the associated discretionary requests. The proposed residence incorporates siting and design measures to minimize visual impacts and landform alteration.

6. Story poles were placed on the site in February 2024 to demonstrate the location, height and bulk of the proposed development and to aid the visual analysis of potential private and public view impacts. The proposed development will not significantly impede any private visually impressive views of the Pacific Ocean or other scenic areas indicated in the LCP or MMC.

D. Hazards (LIP Chapter 9)

1. Evidence in the record demonstrates that the project will neither be subject to nor increase the instability of the site from geologic, flood, or fire hazards. The proposed development is suitable for the intended use provided that the certified engineering geologist and/or geotechnical engineer’s recommendations and governing agency’s building codes are followed.

2. The proposed project, as designed, conditioned and approved by the applicable departments and agencies, will not have any significant adverse impacts on the site stability or structural integrity from geologic or flood hazards due to project modifications, landscaping or other conditions.

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3. The proposed project, as designed and conditioned, is the least environmentally damaging alternative.

4. There are no feasible alternatives that would avoid or substantially lessen impacts on site stability or structural integrity.

5. Evidence in the record demonstrates that the project is not expected to have adverse impacts on sensitive resources.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-019, and SPR No. 23-024 subject to the following conditions.

SECTION 5. Conditions of Approval.

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 reimburse the City’s expenses incurred in its defense of any lawsuit challenging the City’s actions concerning this project.

2. Approval of this application is to allow for the following:
a. 4,270 square foot, two-story, single-family residence, plus a 750 square foot attached three-car garage;
b. 900 square foot attached second unit;
c. 500 square foot detached accessory garage;
d. 432 square foot yoga studio
e. Permeable driveway;
f. Swimming pool;
g. New landscaping; and;
h. OWTS;

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted on plans on file with the Planning Department date-stamped March 4, 2024. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached hereto. In the event project plans conflict with any condition of approval, the condition shall take precedence.

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Affidavit accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Department prior to the issuance of any development permits.

5. The applicant shall shall digitally submit a complete set of plansto the Planning Department for consistency review and approval prior to plan check and again prior to the issuance of any building or development permits.

6. The CDP shall be expire if the project has not commenced within three (3) years after issuance of the permit, unless a time extension has been granted. Extension of the permit may be granted by the approving authority for due cause. Extensions shall be requested in writing by the applicant or authorized agent prior to expiration of the three-year period and shall set forth the reasons for the request.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

8. All development shall conform to requirements of the City of Malibu Environmental Sustainability Department, City Biologist, City Coastal Engineer, City Environmental Health Administrator, City geotechnical staff, City Public Works Department, Los Angeles County Waterworks District No. 29 and LACFD, as applicable. Notwithstanding this review, all required permits shall be secured.

9. Minor changes to the approved plans or the conditions of approval may be approved by the Planning Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC and LCP. Revised plans reflecting the minor changes and additional fees shall be required.

10. Pursuant to LIP Section 13.20, development pursuant to an approved CDP shall not commence until the CDP is effective. The CDP is not effective until all appeals, including those to the California Coastal Commission (CCC), have been exhausted. In the event that the CCC denies the permit or issues the permit on appeal, the CDP approved by the City is void.

11. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

12. Prior to final Planning Department approval, the property owner shall provide a copy of a valid operating permit pursuant to MMC Section 15.14.030 or an operating permit application fee receipt.

Cultural Resources

13. In the event that potentially important cultural resources are found in the course of geologic testing or during construction, work shall immediately cease until a qualified archaeologist can provide an evaluation of the nature and significance of the resources and until the Planning Director can review this information. Thereafter, the procedures contained in LIP Chapter 11 and those in MMC Section 17.54.040(D)(4)(b) shall be followed.

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14. If human bone is discovered during geologic testing or during construction, work shall immediately cease and the procedures described in Section 7050.5 of the California Health and Safety Code shall be followed. Section 7050.5 requires notification of the coroner. If the coroner determines that the remains are those of a Native American, the applicant shall notify the Native American Heritage Commission by phone within 24 hours. Following notification of the Native American Heritage Commission, the procedures described in Section 5097.94 and Section 5097.98 of the California Public Resources Code shall be followed.

Geology

15. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City geotechnical staff shall be incorporated into all final design and construction including foundations, grading, sewage disposal, and drainage. Final plans shall be reviewed and approved by the City geotechnical staff prior to the issuance of a grading permit.

16. Final plans approved by the City geotechnical staff shall be in substantial conformance with the approved CDP relative to construction, grading, sewage disposal and drainage. Any substantial changes may require a CDP amendment or a new CDP.

Environmental Health

17. Prior to the issuance of a building permit the applicant shall demonstrate, to the satisfaction of the Building Official, compliance with the City of Malibu’s onsite wastewater treatment regulations including provisions of MMC Chapters 15.40, 15.42, 15.44, and LIP Chapter 18 related to continued operation, maintenance and monitoring of the OWTS.

18. Final OWTS Plot Plan: Prior to final Environmental Health approval, a final OWTS plot plan prepared by a City Registered OWTS Designer shall be submitted showing an OWTS design meeting the minimum requirements of the MMC and the LCP, including necessary construction details, the proposed drainage plan for the developed property and the proposed landscape plan for the developed property. The OWTS plot plan shall show essential features of the OWTS and must fit onto an 11-inch by 17-inch sheet leaving a five-inch margin clear to provide space for a City applied legend. If the scale of the plans is such that more space is needed to clearly show construction details and/or all necessary setbacks, larger sheets may also be provided (up to a maximum size of 18 inches by 22 inches).

19. Final OWTS Design Report, Plans, and System Specifications: If the OWTS design and/or bedroom/drainage fixture unit counts are modified in any way subsequent to the Planningstage review, then a final OWTS design report and large set of construction drawings with system specifications (four sets) shall be submitted to describe the OWTS design basis and all components (i.e., alarm system, pumps, timers, flow equalization devices, backflow devices, etc.) proposed for use in the construction of the proposed OWTS. For all OWTS, final reports must be signed by a City registered OWTS Designer, and the plans stamped by a California Geologist. The final OWTS design report and construction drawings shall be submitted to the City Environmental Health Administrator with the designer’s wet signature, professional registration number and stamp (if applicable).

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20. Any above-ground equipment associated with the installation of the OWTS shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall not be higher than 42-inches tall.

21. The final design report shall contain the following information (in addition to the items listed above).
a. The Whitson Engineers grading plans depict a new fill slope in the vicinity of the future leach trenches. Please discuss impact of the proposed grading on the OWTS design and provide mitigation measures, as appropriate. b. Required treatment capacity for wastewater treatment and disinfection systems. The treatment capacity shall be specified in terms of flow rate, gallons per day, and shall be supported by calculations relating the treatment capacity to the number of bedroom equivalents, plumbing drainage fixture equivalents, and the subsurface effluent dispersal system acceptance rate. The drainage fixture unit count must be clearly identified in association with the design treatment capacity, even if the design is based on the number of bedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design; c. Sewage and effluent pump design calculations (as applicable). c. Description of proposed wastewater treatment and/or disinfection system equipment.

State the proposed type of treatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package" systems; and conceptual design for custom engineered systems; d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day.

Specifications for the subsurface effluent dispersal system shall be shown to accommodate the design hydraulic loading rate (i.e., average and peak OWTS effluent flow, reported in units of gallons per day). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units and building occupancy characteristics; and
e. All final design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the scale of the plan is such that more space is needed to clearly show construction details, larger sheets may also be provided (up to a maximum size of 18-inch by 22-inch, for review by Environmental Health). Note:

For OWTS final designs, full-size plans are required for review by the Building Safety Division and/or the Planning Department.

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development on the property does not have a 100 percent expansion effluent dispersal area (i.e., replacement disposal field(s) or seepage pit(s)); and 2) if the primary effluent dispersal area fails to drain adequately, the City of Malibu may require remedial measures including, but not limited to, limitations on water use enforced through operating permit and/or repairs, upgrades or modifications to the private sewage disposal system. The recorded covenant shall state and acknowledge that future maintenance and/or repair of the private sewage disposal system may necessitate interruption in the use of the private sewage disposal system and, therefore, any building(s) served by the private sewage disposal system may become non-habitable during any required future maintenance and/or repair. Said covenant shall be in a form acceptable to the City Attorney and approved by the Environmental Sustainability Department.

23. Proof of ownership of subject property shall be submitted to the City Environmental Health Administrator.

24. An operations and maintenance manual specified by the OWTS designer shall be submitted to the City Environmental Health Administrator. This shall be the same operations and maintenance manual submitted to the owner and/or operator of the proposed OWTS following installation.

25. Prior to final Environmental Health approval, a maintenance contract executed between the owner of the subject property and an entity qualified in the opinion of the City of Malibu to maintain the proposed AOWTS after construction shall be submitted. Only original wet signature documents are acceptable and shall be submitted to the City Environmental Health Administrator.

26. The City geotechnical consultant reviewers final approval shall be submitted to the City Environmental Health Administrator.

27. The City Biologist’s final approval shall be submitted to the City Environmental Health Administrator. The City Biologist shall review the OWTS design to determine any impact on ESHA, if applicable.

28. Operating Permit Application and Fee: In accordance with MMC, an application shall be made to the Environmental Health office for an Onsite Wastewater Treatment System operating permit. An operating permit fee in accordance with the adopted fee schedule at the time of final approval shall be submitted with the application.

Street Improvements

29. This project proposes to construct a new driveway within 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 Public Works Department for the proposed driveway. The driveway shall be constructed of either 6-inches of concrete over 4-inces 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.

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30. Several 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 / Drainage / Hydrology

31. The non-exempt grading for the project shall not exceed a total of 1,000 cubic yards, cut and fill.

32. The total grading yardage verification certificate shall be copied onto the coversheet of the Grading Plan. No alternative formats or substitutes will be accepted.

33. A grading and drainage plan containing the following information shall be approved, and submitted to the Public Works Department, prior to the issuance of grading permits for the project:
a. Public Works Department general notes;
b. 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); c. The limits of land to be disturbed during project development shall be delineated and a total area shall be shown on this 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;
d. The limits to land to be disturbed during project development shall be delineated and a total area of disturbance should be shown on this plan. Areas disturbed by grading equipment beyond the limits of grading shall be included within the area delineated; e. If the property contains rare, endangered or special status species as identified in the Biological Assessment, this plan shall contain a prominent note identifying the areas to be protected (to be left undisturbed). Fencing of these areas shall be delineated on this plan is required by the City Biologist;
f. The grading limits shall include the temporary cuts made for retaining walls, buttresses and over excavations for fill slopes;
g. Private storm drain systems shall be shown on this plan. Systems greater than 12- inch in diameter shall also have a plan and profile for the system included with this plan; and
h. Public storm drain modifications shown on the grading plans shall be approved by the Public Works Department prior to the issuance of the grading permit.

34. 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 BMPs 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 Resolution No. 24-21

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BMP’s and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

35. 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.

36. 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:
a. Installation of 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.
b. Prohibits the discharge of trash.
c. 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).
d. Elimination of non-storm water discharges.

37. A Local Storm Water Pollution Prevention Plan (LSWPPP) shall be provided prior to issuance of grading/building permits. This plan shall include and Erosion and Sediment Control Plan (ESCP) that includes, but not limited to:

Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
Sediment Controls Silt Fence
Sediment Controls Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Management Water Conservation Practices Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste Management
All Best Management Practices (BMPs) 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.

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38. Storm drainage improvements are required to mitigate increased runoff generated by property development. The applicant shall have the choice of one method specified within LIP Section 17.3.2.B.2.

39. A Storm Water Management Plan (SWMP) shall be submitted for review and approval of the Public Works Director. The SWMP shall be prepared in accordance with LIP Section 17.3.2 and all other applicable ordinances and regulations. The SWMP shall be supported by a hydrology and hydraulic study that identifies all areas contributory to the property and an analysis of the pre-development and post-development drainage of the site. The SWMP shall identify the site design and source control BMPs that have been implemented in the design of the project. The SWMP shall be reviewed and approved by the Public Works Department prior to the issuance of the grading or building permit for this project.

40. Clearing and grading during the rainy season (extending from November 1 to March 31) shall be prohibited for development that:
a. Is located within or adjacent to ESHA, or
b. Includes grading on slopes greater than 4 to 1.

41. The Building Official may approve grading during the rainy season to remediate hazardous geologic conditions that endanger public health and safety.

42. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

43. All cut and fill slopes shall be stabilized with landscaping at the completion of final grading.

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

45. The discharge of swimming pool, spa and decorative fountain water and filter backwash, including water containing bacteria, detergents, wastes, algaecides 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:
a. The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach into the MS4 or to the ASBS (including tributaries) d. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

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46. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval of the Public Works Director. The WQMP shall be prepared in accordance with LIP Section 17.3.3 and all other applicable ordinances and regulations. 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 on the site. The following elements shall be included within the WQMP:
a. Site Design BMPs;
b. Source Control BMPs;
c. Treatment Control BMPs;
d. Drainage improvements;
e. Methods for onsite percolation, site re-vegetation and an analysis for off-site project impacts;
f. Measures to treat and infiltrate runoff from impervious areas; g. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
h. 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; and
i. The WQMP shall be submitted to the Building Safety Division and the fee applicable at the time of submittal for review of the WQMP shall be paid prior to the start of the technical review. Once the plan is approved and stamped by the Public Works Department, the original signed and notarized document shall be recorded with the County Recorder. A certified copy of the WQMP shall be submitted prior to the Public Works Department approval of building plans for the project.

Water Quality / Water Service

47. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve letter from WD29 to the Planning Department indicating the ability of the property to receive adequate water service.

Fire Department

48. The project will require fire flow of 1,250 gallons per minute at 20 psi (pounds per square inch) for a one hour duration.

49. The project is required to have an interior automatic fire sprinkler system.

Construction / Framing

50. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check approval.

51. Construction hours shall be limited to Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays.

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52. Construction management techniques, including minimizing the amount of equipment used simultaneously and increasing the distance between emission sources, shall be employed as feasible and appropriate. All trucks leaving the construction site shall adhere to the California Vehicle Code. In addition, construction vehicles shall be covered when necessary; and their tires rinsed prior to leaving the property.

53. All new development, including construction, grading, and landscaping shall be designed to incorporate drainage and erosion control measures prepared by a licensed engineer that incorporate structural and non-structural BMPs to control the volume, velocity and pollutant load of storm water runoff in compliance with all requirements contained in LIP Chapter 17, including:
a. Construction shall be phased to the extent feasible and practical to limit the amount of disturbed areas present at a given time.
b. Grading activities shall be planned during the southern California dry season (April through October).
c. During construction, contractors shall be required to utilize sandbags and berms to control runoff during on-site watering and periods of rain in order to minimize surface water contamination.
d. Filter fences designed to intercept and detain sediment while decreasing the velocity of runoff shall be employed within the project site.

54. When framing is complete, a site survey shall be prepared by a licensed civil engineer or architect that states the finished ground level elevation and the highest roof member elevation. Prior to the commencement of further construction activities, said document shall be submitted to the assigned Building Inspector and Planning Department for review and sign off on framing.

Colors and Materials

55. All driveways shall be a neutral color that blends with the surrounding landforms and vegetation. Retaining walls shall incorporate veneers, texturing and/or colors that blend with the surrounding earth materials or landscape. The color of driveways and retaining walls shall be reviewed and approved by the Planning Director and clearly indicated on all grading, improvement and/or building plans.

Lighting

56. Exterior lighting shall be minimized, shielded, or concealed and restricted to low intensity features, so that no light source is directly visible from public view. Permitted lighting shall conform to the following standards:
a. Lighting for walkways shall be limited to fixtures that do not exceed two feet in height and are directed downward, and limited to 850 lumens (equivalent to a 60 watt incandescent bulb);
b. Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; c. Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; Resolution No. 24-21

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d. Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens;
e. Site perimeter lighting shall be prohibited; and
f. Outdoor decorative lighting for aesthetic purposes is prohibited.

57. Night lighting for sports courts or other private recreational facilities shall be prohibited.

58. No permanently installed lighting shall blink, flash, or be of unusually high intensity or brightness. Lighting levels on any nearby property from artificial light sources on the subject property(ies) shall not produce an illumination level greater than one foot candle.

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

60. Up-lighting of landscaping is prohibited.

Biology/Landscaping

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

62. Prior to or at the time of 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.

63. 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 Section 17.53.030).

64. 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.

65. 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 (6) 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. Three sequential violations of this condition will result in a requirement to permanently remove the vegetation from the site.

66. 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).

67. Invasive plan species, as determined by the City of Malibu, are prohibited.

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

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

70. Grading/ 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.

71. 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 of landscaping is prohibited.

72. Necessary boundary 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.

Swimming Pool / Spa / Water Feature

73. On-site noise, including that which emanates from swimming pool and air conditioning equipment, shall be limited as described in MMC Chapter 8.24 (Noise).

74. Pool and air conditioning equipment that will be installed shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section

3.5.3(A).

75. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak of the inner wall.

76. Pursuant to the Clean Water Act and the Malibu Water Quality Ordinance, discharge of water from a pool / spa is prohibited. Provide information on the plans regarding the type of sanitation proposed for pool.
a. Ozonization systems are an acceptable alternative to chlorine. The discharge of clear water from ozonization systems is not permitted to the street; b. Salt water sanitation is an acceptable alternative to chlorine. The discharge of salt water is not permitted to the street; and
c. Chlorinated water from pools or spas shall be trucked to a publicly-owned treatment works facility for discharge.

77. The discharge of chlorinated and non-chlorinated pool / spa water into streets, storm drains, creeks, canyons, drainage channels, or other locations where it could enter receiving waters Resolution No. 24-21

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is prohibited.

78. A sign stating “It is illegal to discharge pool, spa, or water feature waters to a street, drainage course, or storm drain per MMC Section 13.04.060(D)(5)” shall be posted in the filtration and/or pumping equipment area for the property.

79. Pursuant to MMC Section 9.20.040(B), all ponds, decorative fountains shall require a water recirculating/recycling system.

Fencing and Walls

80. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls.

81. Necessary boundary fencing of a single area exceeding 0.5-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.

82. Fencing or walls shall be prohibited within ESHA, except where necessary for public safety or habitat protection or restoration. Fencing or walls that do not permit the free passage of wildlife shall be prohibited in any wildlife corridor.

83. Construction fencing shall be installed within five feet of the limits of grading prior to the beginning of construction and shall be maintained throughout the construction period (or until the fire protection wall is constructed) to protect the site’s sensitive habitat area.

Prior to Occupancy

84. Prior to, or at the time of a Planning final inspection, the property owner / applicant shall submit to the Planning Department the plumbing permit for the irrigation system installation signed off by the Building Safety Division.

85. Prior to the issuance of a Certificate of Occupancy, the City Biologist shall inspect the project site and determine that all Planning Department conditions to protect natural resources are in compliance with the approved plans.

86. Prior to a final Building inspection, the applicant shall provide a final Waste Reduction and Recycling Summary Report (Summary Report) and obtain the approval from the Environmental Sustainability Department. The final Summary Report shall designate all materials that were land filled or recycled, broken down by material types.

87. The applicant shall request a final Planning Department inspection prior to a final inspection by the Environmental Sustainability Department. A Certificate of Occupancy shall not be issued until the Planning Department has determined that the project complies with this coastal development permit. A temporary Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this Resolution No. 24-21

Page 17 of 18 ends

________________
permit.

88. Any construction trailer, storage equipment or similar temporary equipment not permitted as part of the approved scope of work shall be removed prior to final inspection and approval, and if applicable, the issuance of the certificate of occupancy.

Deed Restrictions

89. The property owner is required to execute and record a deed restriction which shall indemnify and hold harmless the City, its officers, agents, and employees against any and all claims, demands, damages, costs and expenses of liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the permitted project in an area where an extraordinary potential for damage or destruction from wildfire exists as an inherent risk to life and property. The property owner shall provide a copy of the recorded document.

90. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition Nos. 56-60.

The property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

Fixed Conditions

91. This coastal development permit runs with the land and binds all future owners of the property.

92. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted thereunder.

SECTION 6. The Planning Commission shall certify the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 18th day of March, 2024. _______________________________________
KRAIG HILL Planning Commission Chair
ATTEST:
_____________________________________
REBECCA EVANS Recording Secretary
LOCAL APPEAL - Pursuant to LCP LIP Section 13.20.1 (Local Appeals) a decision made by 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 10 Resolution No. 24-21

Page 18 of 18 ends

________________
days 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, in person at City Hall, or by calling (310) 456-2489, ext. 246.

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.

I CERTIFY THAT THE FOREGOING RESOLUTION NO. 24-21 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 18th day of March, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
REBECCA EVANS, Recording Secretary

ATTACHMENT 3

BIOLOGY REVIEW

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

TO: City of Malibu Biologist
City of Malibu Planning Department REVISED DATE09/20/2023 JOB ADDRESS: 30053 HARVESTER RD
APPLICANT / CONTACT: Steven Kent, Architect
APPLICANT ADDRESS: 11906 Gorham Ave
APPLICANT PHONE #: (310) 293-3222
APPLICANT FAX #:

PROJECT DESCRIPTION: NSFR, attached garage, ADU, storage building, pool, NOWTS
Los Angeles, CA 90049
PROJECT NUMBER: CDP 23-019
APPLICANT EMAIL: [email protected]
Malibu Planning Department and/or Applicant
FROM: City Biologist, Courtney McCammon
PLANNER: Kaneca Pompey
TO:

The project review package is INCOMPLETE and; CANNOT proceed through Final Planning Review until corrections and conditions from Biological Review are incorporated into the proposed project design
(See Attached).

The project is APPROVED, consistent with City Goals & Policies associated with the protection of biological resources and CAN proceed through the Planning process.

The project may have the potential to significantly impact the following resources, either individually or cumulatively: Sensitive Species or Habitat, Watersheds, and/or Shoreline Resources and therefore Requires Review by the Environmental Review Board (ERB).

Signature Date
Additional requirements/conditions may be imposed upon review of plan revision Contact Information:

Courtney McCammon, City Biologist, [email protected], (310) 456-2489, extension 277 Rev 05/29/2018
10/5/23
X
ATTACHMENT 4
City of Malibu
Biology ● Planning Department
23825 Stuart Ranch Road · Malibu, California · 90265-4861 Phone (310) 456-2489 · Fax (310) 456-3356 · www.malibucity.org

Page 1 of 4 ends

Recycled Paper

BIOLOGY REVIEW SHEET

PROJECT INFORMATION
Applicant:
(name and email)
Steven Kent, Architect
[email protected]
Project Address: 30053 HARVESTER RD
Malibu, CA 90265
Planning Case No.: CDP 23-019
Project Description: NSFR, attached garage, ADU, storage building, pool, NOWTS
Date of Review: October 5, 2023
Reviewer:

Courtney McCammon Signature:

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

SUBMITTAL INFORMATION
Site Plan: 8/29/23
Site Survey: 8/29/23
Landscape Plan: 9/20/23
Hydrozone Plan: 9/20/23
Irrigation Plan: 9/20/23
Fuel Modification Plan: 9/20/23
Grading Plan: 8/29/23
OWTS Plan: 8/29/23
Bio Assessment:

Bio Inventory: 6/28/23 (Edith Read)
Native Tree Survey:

Native Tree Protection
Plan:

Miscellaneous:

Previous Reviews: 3/28/23 (Incomplete), 7/1/23 (Incomplete), 9/11/23 (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 City of Malibu Biology Review Sheet
CDP 23-019
30053 Harvester Road
October 5, 2023

Page 2 of 4 ends

DISCUSSION:

1. The Maximum Applied Water Allowance (MAWA) for this project totals 334,507 gallons per year (gpy). The Estimated Applied Water Use (EAWU) totals 301,175 gpy. Therefore, the project meets the Landscape Water Conservation Ordinance Requirements.

2. The biological inventory did not find any indications of streams of ESHA on or immediately adjacent to the project site. The biologist identified a sycamore and toyon on the adjacent property, but no native trees were identified on the property.

RECOMMENDATIONS:

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

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

B. 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.

C. 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 Section 17.53.030). 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 Section 17.53.030. (form attached) D. 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:

Roberto Perez Sandoval
Address: 23533 West Civic Center Way, Malibu, CA 90265-4804 Email: [email protected] (Preferred)
Phone: (310) 317-1389
Paul Van Suchtelen
Address: 23533 West Civic Center Way, Malibu, CA 90265-4804 Email: [email protected] (Preferred)
Phone: (310) 317-0209
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.

City of Malibu Biology Review Sheet
CDP 23-019
30053 Harvester Road
October 5, 2023

Page 3 of 4 ends

E. 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. Three sequential violations of this condition will result in a requirement to permanently remove the vegetation from the site.

F. 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).

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

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

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

J. 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.

K. 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.

L. Necessary boundary 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.

City of Malibu Biology Review Sheet
CDP 23-019
30053 Harvester Road
October 5, 2023

Page 4 of 4 ends

-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

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: 03/15/2023
APPLICANT / CONTACT: Steven Kent, Architect
APPLICANT ADDRESS: 11906 Gorham Ave
APPLICANT PHONE #: (310) 293-3222
APPLICANT FAX #:

PROJECT DESCRIPTION: NSFR, attached garage, ADU, storage building, pool, NOWTS
Los Angeles, CA 90049
PROJECT NUMBER: CDP 23-019
JOB ADDRESS: 30053 HARVESTER RD
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
June 13, 2023

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: 03/15/2023
The applicant must submit to the City of Malibu Environmental Health Specialist to determine whether or not an onsite wastewater treatment system (OWTS) Plot Plan approval is required.

The Environmental Health Specialist may be contacted Tuesday and Thursday from 8:00 am to 11:00 am, or by calling (310) 456-2489, extension 364.

Rev 141008

City of Malibu Environmental Health Review Sheet
CDP 23-019
30053 Harvester Road
June 13, 2023

Page 2 of 3 ends

T:\Project Review\Harvester Rd\30053 Harvester Rd\CDP 23-019\230613_30053 Harvester Rd_CDP 23-019_EH conf ltr_CRC.docx Recycled Paper The conditional conformance findings hereby transmitted complete the Planning stage Environmental Health review of the subject development project. In order to obtain Environmental Health final approval of the project OWTS Plot Plan and associated construction drawings (during Building Safety plan check), all conditions and plan check items listed below must be addressed through submittals to the Environmental Health office.

Conditions of Planning Conformance Review for Building Plan Check Approval:
1) OWTS on Architectural and Grading Plans: The final architectural and grading plans must show the proposed onsite wastewater treatment system (OWTS), including the septic tank, present/future leach tranches, and all lines of connection to the residence. 2) Final Onsite Wastewater Treatment System (OWTS) Plot Plan: A final plot plan prepared by a City Registered OWTS Designer shall be submitted showing an OWTS design meeting the minimum requirements of the Malibu Municipal Code (MMC) and the Local Coastal Program (LCP)/Local Implementation Plan (LIP). The plans must include all necessary construction details, the proposed drainage plan for the developed property, and the proposed landscape plan for the developed property. The OWTS Plot Plan shall show essential features of the OWTS, existing improvements, and proposed/new improvements. The plot plan must fit on an 11” x 17” sheet leaving a 5” left margin clear to provide space for a City-applied legend. 3) Final OWTS Design Report, Plans, and System Specifications: A final OWTS design report and large set of construction drawings with system specifications (four sets) shall be submitted to describe the OWTS design basis and all components proposed for use in the construction of the OWTS. All plans and reports must be signed by a City Registered OWTS Designer, and the plans stamped by the project Geologist, Coastal Engineer, and Structural Engineer as applicable. The final OWTS design report and construction drawings shall be submitted with the designer’s signature, professional registration number, and stamp (if applicable).

The final OWTS design submittal shall contain the following information (in addition to the items listed above).
a. The Whitson Engineers grading plans depict a new fill slope in the vicinity of the future leach trenches.

Please discuss impact of the proposed grading on the OWTS design and provide mitigation measures, as appropriate.
b. Required capacity shall be specified in terms of flow rate, gallons per day (gpd), and shall be supported by calculations relating the capacity to the number of bedroom equivalents, plumbing drainage fixture units, and the subsurface effluent dispersal system acceptance rate. The drainage fixture unit count must be clearly identified in association with the design capacity, even if the design is based on the number of bedrooms. Average and peak rates of hydraulic loading to the treatment system shall be specified in the final design. c. Sewage and effluent pump design calculations (as applicable). d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit, subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including City of Malibu Environmental Health Review Sheet
CDP 23-019
30053 Harvester Road
June 13, 2023

Page 3 of 3 ends

T:\Project Review\Harvester Rd\30053 Harvester Rd\CDP 23-019\230613_30053 Harvester Rd_CDP 23-019_EH conf ltr_CRC.docx Recycled Paper any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day (gpd) and gallons per square foot per day (gpsf). Specifications for the subsurface effluent dispersal system shall be shown to accommodate the design hydraulic loading rate (i.e., average and peak OWTS effluent flow, reported in units of gpd). The subsurface effluent dispersal system design must take into account the number of bedrooms, fixture units, and building occupancy characteristics.
e. All OWTS design drawings shall be submitted with the wet signature and typed name of the OWTS designer. If the plan scale is such that more space than is available on the 11” x 17” plot plan is needed to clearly show construction details, larger sheets may also be provided (up to a maximum size of 18” x 22” for review by Environmental Health). [Note: For OWTS final designs, full-size plans for are also required for review by Building & Safety and Planning.]
4) Building Plans: All project architectural plans and grading/drainage plans shall be submitted for Environmental Health review and approval. These plans must be approved by the Building Safety Division prior to receiving Environmental Health final approval. 5) Project Geologist/Geotechnical Consultant Approval: Project Geologist/Geotechnical Consultant final approval of the OWTS plan shall be submitted to the Environmental Health Administrator.
6) City of Malibu Geologist/Geotechnical Approval: City of Malibu geotechnical staff final approval of the OWTS plan shall be submitted to the Environmental Health Administrator. 7) City of Malibu Public Works Approval: City of Malibu Public Works final approval of the OWTS plan shall be submitted to the Environmental Health Administrator. 8) City of Malibu Planning Approval: City of Malibu Planning Department final approval of the OWTS plan shall be obtained.
9) Environmental Health Final Review Fee: A final fee in accordance with the adopted fee schedule at the time of final approval shall be paid to the City of Malibu for Environmental Health review of the OWTS design and system specifications.
10) Operating Permit Application and Fee: In accordance with Malibu Municipal Code, an application shall be made to the Environmental Health office for an Onsite Wastewater Treatment System operating permit. An operating permit fee in accordance with the adopted fee schedule at the time of final approval shall be submitted with the application. -o0oIf you have any questions regarding the above requirements, please contact the Environmental Health office at your earliest convenience.
cc: Environmental Health file
Planning Department

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

GEOTECHNICAL REVIEW SHEET
Project Information
Date: July 26, 2023 Review Log #: 5047
Site Address: 30053 Harvester Road
Lot/Tract/PM #: Planning #: CDP 23-019
Applicant/Contact: Steven Kent, [email protected] BPC/GPC #:

Contact Phone #: 310-293-3222 Fax #: Planner: Kaneca Pompey Project Type: New single-family residence and attached garage, detached ADU, detached garage/studio building, swimming pool and spa, grading, retaining walls, new Onsite Wastewater Treatment System (OWTS)
Submittal Information
Consultant(s) / Report
Date(s):
(Current submittal(s) in Bold.)
Gold Coast Geoservices, Inc. (Hogrefe, CEG 1516; Vardeh, RCE 56992): 6-8-2023, 3-6-2023.

Gold Coast Geoservices, Inc. (Hogrefe, CEG 1516): 3-13-2023 Architectural plans prepared by Steven Kent Architects dated March 1, 2023.

Grading and Drainage plans prepared by Whitson Engineering Group dated May 23, 2023.

OWTS plot plan prepared by Gold Coast Geoservices, Inc. dated February 16, 2023.

Previous Reviews: 3-24-2023; Ref: Environmental Health Review Sheets dated 6-13- 2023 and 9-29-2022.

Review Findings
Coastal Development Permit Review
The residential development project is ACCEPTABLE from a geotechnical perspective, with the following comments to be addressed prior to building plan check stage completion.

The residential development project is NOT ACCEPTABLE from a geotechnical perspective.

The listed ‘Review Comments’ shall be addressed prior to acceptance.

Building Plan-Check Stage Review
Awaiting Building plan check submittal.

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

The plans are NOT COMPLETE from a geotechnical perspective. The listed ‘Building PlanCheck Stage Review Comments’ shall be addressed prior to Building Plan-Check Stage completion.

Project submittals were reviewed from a geotechnical perspective for conformance with applicable codes, City of Malibu Geotechnical Review Sheet
MAL6263 – 2 –
guidelines and standards of practice, including the following current City adopted standards:
• City of Malibu Local Coastal Program – Land Use Plan and Local Implementation Plan (LCP-LUP and LCP-LIP)
• Malibu Municipal Code – Title 15, Buildings and Construction • City of Malibu Guidelines for the Preparation of Geotechnical Reports and Procedures for Report Submittal (November 2013) referred to herein as Geotechnical Report Guidelines In the case of conflicting requirements between the Geotechnical Guidelines and any other referenced standards, the latest standard will apply. The Applicant is responsible for complying with the submittal requirements for all Planning variances, as appropriate; any questions regarding variances should be directed to the case Planner.

Remarks
The referenced response geotechnical report, architectural plans, grading and drainage plans, and OWTS plot plan were reviewed by the City’s consultants from a geotechnical perspective. The proposed development includes constructing a new 4,280 square foot two-story single-family residence and attached 600 square foot three-car garage with an 840 square foot basement, a 1,200 square foot two-story ADU, 500 square foot detached two-car garage with a 500 square foot studio/storage above, swimming pool and spa, decking and patios (1,000 square feet), and retaining walls.

Grading consists of 1,600 yards of R & R; 600 yards of cut and 150 yards of fill under structure; 75 yards of cut and 250 yards of fill for safety; 360 yards of cut and 535 yards of fill non-exempt; and 100 yards of export.

A new OWTS will be installed on the property that consists of a minimum 3,250-gallon septic tank and three 65-foot long x 3’ wide x 5’ deep leach lines with 3 feet of rock beneath the pipe and 100% expansion.

Coastal Development Permit Review Comments
No further comments.

Building Plan-Check Stage Review Comments:

1. Please provide a plan check review fee of $1,179.00 for City geotechnical staff to review the plans upon Building Plan Check submittal.

2. Indicate the bearing material and depth for all foundation types on the foundation plans in accordance with recommendations by the Project Geotechnical Consultant.

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

4. The Project Geotechnical Consultant recommended verification of excavations during construction.

Please include the following note on the grading and foundation plans: “The Project Geotechnical Consultant shall review the excavations for the R & R grading and provide revised recommendations, as appropriate, if variations in the soils are encountered.”

5. The Project Geotechnical Consultant’s recommendation for moisture conditioning of subgrade soils prior to the placement of concrete shall be included as a note on the foundation plans.

6. Section 7.4 of the City’s geotechnical guidelines requires a minimum thickness of 10 mils for vapor barriers beneath slabs-on-grade. The Project Geotechnical Engineer has recommended that the vapor barrier be a minimum thickness of 15 mils, conform to ASTM E1745 Class A requirements, and be installed in accordance with ASTM E1643. Building plans shall reflect the Consultant’s recommendation.

7. Please include a detail in the swimming pool plans for the recommended hydrostatic relief valve.

City of Malibu Geotechnical Review Sheet
MAL6263 – 3 –

8. 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, a dry density and optimum moisture maximum curve(s), a map depicting the limits of fill, locations of all density tests, locations and elevations of all removal bottoms, and the expansion index of the sandstone bedrock used for foundation embedment. 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.

9. One set of final electronic OWTS plans incorporating the Project Geotechnical and Environmental Health Specialists’ recommendations and items in this review sheet must be reviewed and e-stamped and e-signed by the Project Engineering Geologist. City geotechnical staff will review the plans for conformance with the Project Geotechnical Consultants’ recommendations and items in this review sheet.

10. One set of electronic grading, retaining wall, swimming pool and spa, ADU, garage/studio, 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 estamped and e-signed by the Project Engineering Geologist and Project Civil/Geotechnical Engineer. City geotechnical staff will review the plans for conformance with the Project Geotechnical Consultants' recommendations and items in this review sheet. Please direct questions regarding this review sheet to City Geotechnical staff listed below.

Please direct questions regarding this review sheet to the City’s geotechnical consultants listed below.

Geotechnical Engineering Review by: _______________________________ 7-26-2023 Ali Abdel-Haq, G.E. #2308, Exp. 12-31-23 Date
Geotechnical Engineering Reviewer (805-496-1222)
Email: [email protected]
Engineering Geology Review by: 7-26-2023
Christopher Dean, C.E.G. #1751, Exp. 9-30-24 Date
Engineering Geology Reviewer (408-656-3210)
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.

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, ADU, garage/studio, 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 name, address, and phone number of the Project Geotechnical Consultant(s) on the cover sheet of the Building Plans.

3. 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.”

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

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

6. Show the onsite wastewater treatment system on the Site Plan.

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

8. A comprehensive Site Drainage Plan, incorporating the Project Geotechnical Consultant’s recommendations, shall be included in the Plans. Show all area drains, outlets, and non-erosive drainage devices on the Plans.

Water shall not be allowed to flow uncontrolled over descending slopes.

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 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.

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
REVISED DATE 06/22/2023
APPLICANT / CONTACT: Steven Kent, Architect
APPLICANT ADDRESS: 11906 Gorham Ave
APPLICANT PHONE #: (310) 293-3222
APPLICANT FAX #:

PROJECT DESCRIPTION: NSFR, attached garage, ADU, storage building, pool, NOWTS
Los Angeles, CA 90049
PROJECT NUMBER: CDP 23-019
JOB ADDRESS: 30053 HARVESTER RD
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
6/27/2023
1 Recycled Paper
City of Malibu

M E M O R A N D U M
To: Planning Department
From: Public Works Department
Nadia Fahoum, Assistant Civil Engineer
Date: June 26, 2023
Re: Proposed Conditions of Approval for 30053 Harvester Road CDP 23-019 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 constructing 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.

GRADING AND DRAINAGE

2. 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:
• Is located within or adjacent to ESHA, or
• Includes grading on slopes greater than 4:1
• 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 2 https://malibucity.sharepoint.com/sites/LandDevelopment/Shared Documents/01 LD - PLN and BPC Reviews/30053 Harvester Rd/CDP 23- 019/Planning/The Public Works/2nd Review/30053 Harvester Road CDP 23-019 COA.docx Recycled Paper
resumes after March 31, unless the City determines that completion of grading would be more protective of resources

3. 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.

4. A grading and drainage plan shall be approved containing the following information prior to the issuance of grading permits for the project.
• Public Works Department General Notes
• 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).
• 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.
• 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.
• If the property contains trees that are to be protected they shall be highlighted on the grading plan.
• 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.
• 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.
• 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.

5. 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

6. A Local 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:
3 https://malibucity.sharepoint.com/sites/LandDevelopment/Shared Documents/01 LD - PLN and BPC Reviews/30053 Harvester Rd/CDP 23- 019/Planning/The Public Works/2nd Review/30053 Harvester Road CDP 23-019 COA.docx Recycled Paper
Erosion Controls Scheduling
Preservation of Existing
Vegetation
Sediment Controls Silt Fence
Sand Bag Barrier
Stabilized Construction Entrance
Non-Storm Water Water Conservation Practices
Management Dewatering Operations
Waste Management Material Delivery and Storage
Stockpile Management
Spill Prevention and Control
Solid Waste Management
Concrete Waste Management
Sanitary/Septic Waste
Management
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.

7. 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.

8. 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:
• Site Design Best Management Practices (BMP’s)
• Source Control BMP’s
• 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. • Drainage Improvements
4 https://malibucity.sharepoint.com/sites/LandDevelopment/Shared Documents/01 LD - PLN and BPC Reviews/30053 Harvester Rd/CDP 23- 019/Planning/The Public Works/2nd Review/30053 Harvester Road CDP 23-019 COA.docx Recycled Paper
• A plan for the maintenance and monitoring of the proposed treatment BMP’s for the expected life of the structure.
• 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. • 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 recorded with the County Recorder. A certified copy of the WQMP shall be submitted to the Public Works Department prior to the certificate of occupancy.

MISCELLANOUS

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

10.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:
• The discharge water is dechlorinated, debrominated or if the water is disinfected using ozonation;
• There are sufficient BMPs in place to prevent soil erosion; and • 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.

3/4/24
RE: 30053 Harvester Rd. - Malibu Planning Commission Hearing Item #5A Dear Planning Commissioners,
We are writing in support of Steven Kent and the building of his new home on Harvester Rd. We've known Steve for over 10 years. Craig met Steve through mutual friends and over the years has traveled extensively with him. We have all formed a very close friendship. We have also been fortunate enough to have him design two homes for us. One is a fire rebuild on Harvester, very near to Steve’s project, that will soon be our new family home. He has also designed a new home for my parents on Trancas Beach. Both home designs are exquisite.

We have seen the plans and renderings for Steve’s new home. We feel he is building a beautiful house appropriate for the Malibu Park neighborhood. I have lived in Malibu Park my entire life and my husband and I have raised our children here for the last 30 years. As long time Malibu residents, specifically Malibu Park, we appreciate the more rural aspects of our community. Steve been incredibly sensitive to keep his projects as aesthetically pleasing as possible, and to make sure they fit into the natural surroundings of Malibu Park. We believe that Steve’s house will complement the surrounding areas.

We hope you support this project, which will enable his family to live in our beautiful neighborhood.

Sincerely,
Craig and Stacy Clunies-Ross
Harvester Rd.

Malibu CA 90265

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Supplemental Commission
Agenda Report
To: Chair Hill and Members of the Planning Commission
Prepared by: Kaneca Pompey, Contract Planner
Approved by: Richard Mollica, Planning Director
Date prepared: March 13, 2024 Meeting Date: March 18, 2024 Subject: Coastal Development Permit No. 23-019 and Site Plan Review No. 23- 024 – An application for a new single-family residence, a second unit, and associated development
Location: 30053 Harvester Road, not within the appealable coastal zone
APN: 4469-009-010
Owner: Steven Kent
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 24-21 (Attachment 1) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence with a 970 square foot basement, plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS); including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road (Kent).

DISCUSSION: This supplemental agenda report provides further clarification on a neighbor’s concerns regarding the potential for Environmentally Sensitive Habitat Area (ESHA) on the west side of the subject property. Additionally, a cleanup on the proposed basement plan was submitted by the applicant (Attachment 2). The basement area is now correctly counted in terms of square footage and the proposed lightwell is now consistent with the City’s Basement policy regarding lightwells.

Planning Commission
Meeting
03-18-24
Item

5.A.

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Potential ESHA
Since the posting of the initial agenda report, staff has received additional correspondence from a neighbor regarding the potential for ESHA to exist on the west side of the subject property. Additionally, the neighbor suggests that there are native protected trees within the area and questioned whether the setback from the trees was properly analyzed. The complete correspondence with the neighbor is attached as Attachment 3. The area of ESHA concern is on the western side of the subject property as shown in Figure 1 below.

Figure 1 – Property Aerial
Source: City GIS 2024
The neighbor contends that the area is a stream with riparian habitat and thus should be subject to the ESHA protections of Local Implementation Plan (LIP) Chapter 4. The area is not mapped ESHA nor a blue line stream pursuant to the Local Coastal Program (LCP) maps. Additionally, the applicant submitted a biological inventory dated June 2023 by E Read and Associates, Inc. which summarized the following regarding the area:
“These gullies are not indicated as “blueline” streambeds on the historical USGS map and their hydrologic regimes are best characterized as ephemeral.

No wetland conditions were observed during the survey, and with the exception of an immature sycamore and toyon in the west gully, the dominant vegetation consists of non-native landscape species. Flows from these gullies are conveyed through small underground culverts into storm drains on the

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property to the south. Openings of the culverts were observed to be clear on the day of the survey, and it can be expected that these culverts are routinely kept clear to avoid flooding. As can be seen in the figures, the USGS map shows an unnamed “blue-line” intermittent streambed east of the property but its location is more than 1,000 feet from the property line.” The City’s Biologist reviewed the report and concurred with the findings, thus approving the project without the need for structure relocation or a variance for encroachment within an ESHA buffer.

Additionally, the neighbor contends that native protected trees, pursuant to LIP Chapter 5 are within the area and was concerned whether the proposed development meets the required setbacks from the protected zones of the trees. The neighbor contends that Toyons and California Black Walnuts are within the area of concern. The biological inventory submitted for the proposed project recognized the Toyon and cited a Sycamore tree within the area. However, the project biologist used the term ”immature” to describe their size. Additionally, the project applicant suggests that the protected tree species within the area are not the minimum size to be considered protected. Pursuant to LIP Section

5.2, to be considered protected by the chapter the trees must have “at least one trunk measuring six inches or more in diameter, or a combination of any two trunks measuring a total of eight inches or more in diameter, measured at four and one-half feet above natural grade.” A native tree inventory was not submitted for the subject property because the trees in question exist on the neighboring property. LIP Section 5.3 only requires a native tree inventory be submitted if there are native trees on the subject property. Staff was not able to confirm the size of the native trees within the area. However, even if the size of the native trees met the requirements to be protected by LIP Chapter 5, the proposed development is set back far enough that it would meet the protected zone requirements of the LIP.
“PROTECTED ZONE of a tree protected under Section 5.2 of the Malibu LIP shall mean that area within the dripline of the tree and extending at least five feet beyond the dripline, or 15 feet from the trunk of the tree, whichever is greater.”
The proposed development is sited 20 feet from the western property boundary. Both the neighbor and applicant agree that the tree canopy stops at the property line. The proposed development would meet the protected zone requirements as it would be both more than 15 feet from the trunk of the tree and five feet from the edge of the dripline canopy of the tree.

Basement Cleanup
After the first agenda report was published, staff noticed a discrepancy on the basement plan. The applicant submitted revised plans (Attachment 2) counting the lightwell area as

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part of the basement as required by the City’s Basement policy. Additionally, a planter area adjacent to the lightwell was corrected so that it does not daylight more than three feet so that it would not be counted towards the lightwell/basement area. The revised lightwell area has increased the size of the basement from 940 square feet to 970 square feet. Lastly, the basement was never mentioned in the original agenda report nor Resolution No. 24-21. The Resolution No. 24-21 has been revised (Attachment 1) to reflect the basement as part of the proposed project. The footprint of the proposed residence is the same as was described in the initial agenda report and the total development square footage has not changed since the basement is under 1,000 square feet. None of the other numbers have been revised either, such as the impermeable coverage limits, since the footprint has not changed. The purpose of the supplemental report was to ensure the basement was properly added to the project scope of work.

ATTACHMENTS:

1. Planning Commission Resolution No. 24-21

2. Project Plans

3. Correspondence Since Initial Agenda Report Publication ATTACHMENT 1

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 24-21

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

MALIBU, DETERMINING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
APPROVING COASTAL DEVELOPMENT PERMIT NO. 23-019TO CONSTRUCT A NEW 4,270 SQUARE FOOT, TWO-STORY, SINGLE-FAMILY RESIDENCE WITH A 970 SQUARE FOOT BASEMENT, PLUS A 750 SQUARE FOOT ATTACHED THREE-CAR GARAGE, 900 SQUARE FOOT DETACHED SECOND UNIT, 500 SQUARE FOOT DETACHED GARAGE, 432 SQUARE FOOT YOGA

STUDIO, SWIMMING POOL, GRADING, LANDSCAPING, HARDSCAPE, AND

HARVESTER ROAD (KENT)
The Planning Commission of the City Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

B. On November 1, 2023, a Notice of CDP Application was posted on the subject property.

C. On March 4, 2024, staff conducted a site visit to inspect the installation of story poles.

D. On November 30, 2023, the CDP application was deemed complete for processing.

SECTION 2. Environmental Review.

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adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to Sections 15303(a) and (e) - New Construction. The Planning Commission 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).

SECTION 3. Coastal Development Permit Findings.

Based on evidence contained within the record, including the agenda report for the project and the hearing on March 18, 2024, and pursuant to the Local Coastal Program (LCP) Local Implementation Plan (LIP) including Sections 13.7(B) and 13.9 and Malibu Municipal Code (MMC), the Planning Commission adopts the findings of fact below, for CDP No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence with a 970 square foot basement plus a 750 square foot attached three-car garage, 900 square foot attached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS), including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road.

A. General Coastal Development Permit (LIP Chapter 13)

2. The proposed development is consistent with existing development in the area and has been determined not to result in adverse impacts. Therefore, there are no project alternatives that would provide a significant benefit to the environment compared to the proposed project. The proposed project meets the development policies of the LCP and MMC, with the inclusion of the SPR and is the least environmentally damaging alternative.

3. The subject property is not in a designated ESHA or ESHA buffer as shown on the LCP ESHA and Marine Resources Map. Thus, review by the Environmental Review Board was not required.

Resolution No. 24-21

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B. Site Plan Review Findings to Allow for Construction in Excess of 18 feet in Height (LIP Section 13.27)
SPR No. 23-024 allows construction of a new single-family residence in excess of the 18 feet in height limit established by LIP Section 3.6(E), with a maximum height of 24 feet for a flat roof.

2. In February 2024, the applicant installed story poles and photo documented the story poles. Staff evaluated the project for conformance with City codes. Properties in the vicinity of the subject property are developed with a mix of one and two-story single-family residences and accessory structures. As demonstrated with story poles, due to the size, shape and topography of the lot, the location f the proposed development will not be visible from any scenic road or located within primary views of neighboring properties. Based on the existing development within the surrounding neighborhood, the proposed project is expected to blend with the surrounding build environment. Therefore, the portions of the structure exceed 18 feet in height are not anticipated to adversely affect neighborhood character.

3. The existing size and shape of the subject property limits visibility of the proposed development from Pacific Coast Highway or any scenic area as described in the LCP. Primary View Determinations within the area are not expected to be impacted by the proposed development.

6. Story poles were placed on the site in February 2024 to demonstrate the location, height and bulk of the proposed development and to aid the visual analysis of potential private and public view impacts. The proposed development will not significantly impede any private visually impressive views of the Pacific Ocean or other scenic areas indicated in the LCP or MMC.

D. Hazards (LIP Chapter 9)

Resolution No. 24-21

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3. The proposed project, as designed and conditioned, is the least environmentally damaging alternative.

4. There are no feasible alternatives that would avoid or substantially lessen impacts on site stability or structural integrity.

5. Evidence in the record demonstrates that the project is not expected to have adverse impacts on sensitive resources.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 23-019, and SPR No. 23-024 subject to the following conditions.

SECTION 5. Conditions of Approval.

Standard Conditions

2. Approval of this application is to allow for the following:
a. 4,270 square foot, two-story, single-family residence with a 970 square foot basement, plus a 750 square foot attached three-car garage; b. 900 square foot attached second unit;
c. 500 square foot detached accessory garage;
d. 432 square foot yoga studio
e. Permeable driveway;
f. Swimming pool;
g. New landscaping; and;
h. OWTS;

3. Except as specifically changed by conditions of approval, the proposed development shall be constructed in substantial conformance with the approved scope of work, as described in Condition No. 2 and depicted on plans on file with the Planning Department date-stamped March 12, 2024. The proposed development shall further comply with all conditions of approval stipulated in this resolution and Department Review Sheets attached hereto. In the Resolution No. 24-21

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event project plans conflict with any condition of approval, the condition shall take precedence.

4. Pursuant to LIP Section 13.18.2, this permit and rights conferred in this approval shall not be effective until the property owner signs, notarizes and returns the Acceptance of Conditions Affidavit accepting the conditions of approval set forth herein. The applicant shall file this form with the Planning Department prior to the issuance of any development permits.

7. Any questions of intent or interpretation of any condition of approval will be resolved by the Planning Director upon written request of such interpretation.

11. The property owner must submit payment for all outstanding fees payable to the City prior to issuance of any building permit, including grading or demolition.

12. Prior to final Planning Department approval, the property owner shall provide a copy of a valid operating permit pursuant to MMC Section 15.14.030 or an operating permit application fee receipt.

Cultural Resources
Resolution No. 24-21

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Geology

Environmental Health

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all components (i.e., alarm system, pumps, timers, flow equalization devices, backflow devices, etc.) proposed for use in the construction of the proposed OWTS. For all OWTS, final reports must be signed by a City registered OWTS Designer, and the plans stamped by a California Geologist. The final OWTS design report and construction drawings shall be submitted to the City Environmental Health Administrator with the designer’s wet signature, professional registration number and stamp (if applicable).

State the proposed type of treatment system(s) (e.g., aerobic treatment, textile filter ultraviolet disinfection, etc.); major components, manufacturers, and model numbers for "package" systems; and conceptual design for custom engineered systems; d. Specifications, supporting geology information, and percolation test results for the subsurface effluent dispersal portion of the onsite wastewater disposal system. This must include the proposed type of effluent dispersal system (drainfield, trench, seepage pit subsurface drip, etc.) as well as the system’s geometric dimensions and basic construction features. Supporting calculations shall be presented that relate the results of soils analysis or percolation/infiltration tests to the projected subsurface effluent acceptance rate, including any unit conversions or safety factors. Average and peak rates of hydraulic loading to the effluent dispersal system shall be specified in the final design. The projected subsurface effluent acceptance rate shall be reported in units of total gallons per day and gallons per square foot per day.

Resolution No. 24-21

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For OWTS final designs, full-size plans are required for review by the Building Safety Division and/or the Planning Department.

22. A covenant running with the land shall be executed by the property owner and recorded with the Los Angeles County Recorder’s Office. Said covenant shall serve as constructive notice to any successors in interest that: 1) the private sewage disposal system serving the development on the property does not have a 100 percent expansion effluent dispersal area (i.e., replacement disposal field(s) or seepage pit(s)); and 2) if the primary effluent dispersal area fails to drain adequately, the City of Malibu may require remedial measures including, but not limited to, limitations on water use enforced through operating permit and/or repairs, upgrades or modifications to the private sewage disposal system. The recorded covenant shall state and acknowledge that future maintenance and/or repair of the private sewage disposal system may necessitate interruption in the use of the private sewage disposal system and, therefore, any building(s) served by the private sewage disposal system may become non-habitable during any required future maintenance and/or repair. Said covenant shall be in a form acceptable to the City Attorney and approved by the Environmental Sustainability Department.

23. Proof of ownership of subject property shall be submitted to the City Environmental Health Administrator.

26. The City geotechnical consultant reviewers final approval shall be submitted to the City Environmental Health Administrator.

Street Improvements

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obtain encroachment permits from Public Works Department for the proposed driveway. The driveway shall be constructed of either 6-inches of concrete over 4-inces 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.

Grading / Drainage / Hydrology

31. The non-exempt grading for the project shall not exceed a total of 1,000 cubic yards, cut and fill.

32. The total grading yardage verification certificate shall be copied onto the coversheet of the Grading Plan. No alternative formats or substitutes will be accepted.

Resolution No. 24-21

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38. Storm drainage improvements are required to mitigate increased runoff generated by property development. The applicant shall have the choice of one method specified within LIP Section 17.3.2.B.2.

41. The Building Official may approve grading during the rainy season to remediate hazardous geologic conditions that endanger public health and safety.

42. Exported soil from a site shall be taken to the Los Angeles County Landfill or to a site with an active grading permit and the ability to accept the material in compliance with LIP Section 8.3.

43. All cut and fill slopes shall be stabilized with landscaping at the completion of final grading.

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

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b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach into the MS4 or to the ASBS (including tributaries) d. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

Water Quality / Water Service

Fire Department

48. The project will require fire flow of 1,250 gallons per minute at 20 psi (pounds per square inch) for a one-hour duration.

49. The project is required to have an interior automatic fire sprinkler system.

Construction / Framing

50. A construction staging plan shall be reviewed and approved by the Planning Director prior to plan check approval.

Resolution No. 24-21

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Colors and Materials

Lighting

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b. Security lighting controlled by motion detectors may be attached to the residence provided it is directed downward and is limited to 850 lumens; c. Driveway lighting shall be limited to the minimum lighting necessary for safe vehicular use. The lighting shall be limited to 850 lumens; d. Lights at entrances as required by the Building Code shall be permitted provided that such lighting does not exceed 850 lumens;
e. Site perimeter lighting shall be prohibited; and
f. Outdoor decorative lighting for aesthetic purposes is prohibited.

57. Night lighting for sports courts or other private recreational facilities shall be prohibited.

60. Up-lighting of landscaping is prohibited.

Biology/Landscaping

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

64. 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.

Resolution No. 24-21

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66. 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).

67. Invasive plan species, as determined by the City of Malibu, are prohibited.

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

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

Swimming Pool / Spa / Water Feature

73. On-site noise, including that which emanates from swimming pool and air conditioning equipment, shall be limited as described in MMC Chapter 8.24 (Noise).

74. Pool and air conditioning equipment that will be installed shall be screened from view by a solid wall or fence on all four sides. The fence or walls shall comply with LIP Section

3.5.3(A).

75. All swimming pools shall contain double walled construction with drains and leak detection systems capable of sensing a leak of the inner wall.

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works facility for discharge.

79. Pursuant to MMC Section 9.20.040(B), all ponds, decorative fountains shall require a water recirculating/recycling system.

Fencing and Walls

80. The height of fences and walls shall comply with LIP Section 3.5.3(A). No retaining wall shall exceed six feet in height or 12 feet in height for a combination of two or more walls.

Prior to Occupancy

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issued until the Planning Department has determined that the project complies with this coastal development permit. A temporary Certificate of Occupancy may be granted at the discretion of the Planning Director, provided adequate security has been deposited with the City to ensure compliance should the final work not be completed in accordance with this permit.

Deed Restrictions

90. Prior to final Planning Department approval, the applicant shall be required to execute and record a deed restriction reflecting lighting requirements set forth in Condition Nos. 56-60.

The property owner shall provide a copy of the recorded document to the Planning Department prior to final Planning Department approval.

Fixed Conditions

91. This coastal development permit runs with the land and binds all future owners of the property.

92. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted thereunder.

SECTION 6. The Planning Commission shall certify the adoption of this Resolution.

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LOCAL APPEAL - Pursuant to LCP LIP Section 13.20.1 (Local Appeals) a decision made by 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 10 days 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, in person at City Hall, or by calling (310) 456-2489, ext. 246.

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.

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________________
REBECCA EVANS, Recording Secretary

2 2. You claim the city biologist visited the area but did not look six feet beyond the undefined survey marks for the property lines. Six feet away is a seasonal stream which is very wet today.

3. "a buffer of five feet from the dripline canopy of the native protected tree” The OAKs are amazing- with a 15 to 20 foot canopy, growing on the property line, which you say is 20 feet from story pole..
"The nearest of the proposed development (the ADU and detached garage) are 20 feet from the property line. If the native protected trees are on the adjacent property beyond the property line, this would put the development in compliance with the “Protected Zone” definition stated above.” My requests:

1. PLEASE have a non-bias Biologist reevaluate the two adjacent lots.

2. I will hire my Biologist to meet the City’s Biologist on the properties for a fair and reason evaluation.

Personally, Mr. Eaton, I am confused and insulted by your favorable attitudes towards and for the benefit of a developer. Mr. Kent, who wrote his own Biological Review, cuts down Toyon Trees on his neighbors adjacent parcel and ignores legal building setbacks to benefit himself, has your support?
Your emails do not suggest any solutions to my reasonable concerns, as a 50 year resident on Harvester Road, who rebuilt after the Woolsey Fire and understands the SETBACK regulations. You somewhat suggest i do not know what i am describing and reporting to the City in these email notes.

Dawn N Ericson
On Mar 11, 2024, at 12:25 PM, Tyler Eaton <[email protected]> wrote:

Hi Dawn,
I am very familiar with both the ESHA and Native tree Protection sections of the LIP as we have to apply it to the hundreds of CDPs we receive each year. The area of your concern is not a mapped ESHA as indicated by our LCP Maps certified by the Coastal Commission. Secondly, a Biological Inventory produced by Edith Read in June of 2023 was submitted by the applicant for the subject parcel which concluded the findings shown in my previous email. The ESHA setback you are referring to would apply if there was ESHA present. Based on the materials we have received so far for this project, there is no ESHA on the property nor is the proposed development within an ESHA buffer as indicated in LIP Section 4.6.1, again, based on the evidence we have received thus far.

Our Biologist, Courtney McCammon, issued preliminary approval on the project stating that no ESHA exists on the subject parcel.
3 As far as the trees are concerned, Walnuts, Sycamores and Toyons as you mentioned are protected pursuant to LIP Chapter 5 if they meet the following criteria:

5.2. DESCRIPTION OF AREA SUBJECT TO

ORDINANCE
The provisions of this Chapter shall apply to those areas containing one or more native oak (Quercus species), California Walnut (Juglans californica), Western Sycamore (Platanus racemosa), Alder (Alnus rhombifolia), or Toyon (Heteromeles arbutifolia) tree, that has at least one trunk measuring six inches or more in diameter, or a combination of any two trunks measuring a total of eight inches or more in diameter, measured at four and one-half feet above natural grade. (Ord. 303 § 3, 2007) Here is what has been indicated by our Biologist regarding the trees. “The biological inventory did not find any indications of streams of ESHA on or immediately adjacent to the project site. The biologist identified a sycamore and toyon on the adjacent property, but no native trees were identified on the property.” Per LIP Section 5.3, an applicant has to provide a native tree inventory if native trees (per the description in section 5.2 above) exist on the site. Since they were indicated on the adjacent property, the applicant was not required to submit a native tree report. Lastly, in order to meet the setbacks of the chapter, the development would have to avoid a buffer of five feet from the dripline canopy of the native protected tree, see definition of protected zone from the LIP below.

PROTECTED ZONE of a tree protected under Section 5.2 of the Malibu LIP shall mean that area within the dripline of the tree and extending at least five feet beyond the dripline, or 15 feet from the trunk of the tree, whichever is greater.

The nearest of the proposed development (the ADU and detached garage) are 20 feet from the property line. If the native protected trees are on the adjacent property beyond the property line, this would put the development in compliance with the “Protected Zone” definition stated above.

Per your photo, I believe the stream that goes down through High School is sited much further east.

See photo of mapped ESHA streams in the area.
4 If you have evidence that suggests otherwise than the analysis above, we’d be happy to consider it.

The recommendation was made based on what has been submitted to the City as well as the City’s own mapped resources.

Tomorrow at 2:30 should work for me but let me know if another time is better.

Thanks,
Tyler
From: Dawn Ericson
Sent: Monday, March 11, 2024 11:31 AM
To: Tyler Eaton <[email protected]>
Cc: Frank Angel
Subject: Re: resident DAWN ERICSON vs STEVEN KENT developer

Tyler Eaton
Senior Planner | Planning
Thank you Mr. Eaton,
5 Your attention is greatly valued.

And i would like to find some answers before the meeting on March18th.

May I ask who did the survey?
I understand that the owner/delevelper Steve Kent, with a paid co-writer, WROTE the biological inventory submitted for the project. Please provide the name of The City’s Biologist concurred with Kent's findings.

Your comments below suggest that you have not reviewed or understand my cocnerns and the issue of my complaint.

My complain is about the two different development standards or SETBACK requirements allowed by two different ajacent building projects after the Woolsey Fire.

As for ESHA or NO ESHA: The City determined that this areas is an ESHA in 2022-2023. A more indepth determination and description of any riparian colloridor, stream, creek, ruff off or any name given to these over develped and degraded regions must be professionally evalued again. Google maps, USGS maps, are not on the ground, walking in boots with professional eyes who can easily determine the native amimals, birds, all wildlife and value of these regions. The City’s Biologist concurred with the findings. Did he see SycamoreTrees covered with leaves or the two natuarally seeded CCoastal Live OAKS in this same area? One is twenty feet tall…perhaps small to Mr. Kent. And did he notice the dominant, 2 leafless native Juglans californica, the Southern California Black Walnut, a large shrub or small tree endemic to California – still in this areas despite the Woolsey Fire. CAL SCAPE has determined that the Black Walnut is now endanger due to continued development in its natural range.These can not be seen by a drone or without boots on the ground, along with other small important list of other natives.

These ESHA or NO ESHA clarifications are for more than one qualited expert, or the COASTAL COMMISSION to make a determination.

"If you are free tomorrow, we can discuss the analysis in further detail."

I would like to discuss this with you on the phone, if you understand my questions, not to discuss analysis.

I need an explanation from the City of Malibu and a solution to my concerns.

My intention is a reasonable request for a reevaualation of the 30053 HARVESTER Road project, with a review by qualified and unbaised PROFESSIONAL individuals ( 2 or more) to answer my concerns.

My intention is NOT to stop Mr. Kent’s from building a house on his property. I only request his SETBACK standards are the same has the City of Malibu determined for us when we rebuilt in 2022- 2023.

Again,
Thank you Mr. Tyler

As for “blue line streams”…most “run-off” streams in Malibu are not year round creeks such as Bonsai creek and Trancas creek.
6 The merged “creeks” or riparian corridor are seasonal runoff rivers that flow off Horizon, to Cuthbert Road, under Harvester and meets 1/4 mile away at the new High School's ESHA and to Zuma Beach.

On Mar 11, 2024, at 8:57 AM, Tyler Eaton <[email protected]> wrote:

Hi Dawn,
Apologies for the delayed reply, just got back from some time off. I have time tomorrow afternoon to discuss. To give you some initial information, a biological inventory was submitted for the project and regarding the area of concern, it was indicated that it was not ESHA. Per the report,
“These gullies are not indicated as “blueline” streambeds on the historical USGS map and their hydrologic regimes are best characterized as ephemeral. No wetland conditions were observed during the survey, and with the exception of an immature sycamore and toyon in the west gully, the dominant vegetation consists of non-native landscape species. Flows from these gullies are conveyed through small underground culverts into storm drains on the property to the south. Openings of the culverts were observed to be clear on the day of the survey, and it can be expected that these culverts are routinely kept clear to avoid flooding. As can be seen in the figures, the USGS map shows an unnamed “blue-line” intermittent streambed east of the property but its location is more than 1,000 feet from the property line.”
The City’s Biologist concurred with the findings. If you are free tomorrow, we can discuss the analysis in further detail.

Thanks,
Tyler
Tyler Eaton
Senior Planner | Planning
Office: (310) 456-2489 ext. 273
23825 Stuart Ranch Road | Malibu, CA 90265

From: Dawn Ericson
Sent: Monday, March 11, 2024 8:26 AM
7 To: Tyler Eaton <[email protected]>
Subject: resident DAWN ERICSON vs STEVEN KENT developer

Begin forwarded message:

From: Dawn Ericson
Subject: Re: resident DAWN ERICSON vs STEVEN KENT
developer
Date: March 8, 2024 at 8:54:55 AM PST
To: Tyler Eaton <[email protected]>

Good morning Tyler,
I was hoping to connect with you this week as Richard
suggested.

I am preparing for the PLANNING COMMISSION upcoming
meeting and hope to better understanding the reasons for the exception given to Steven Kent on his 30053 Harvester Rd. development.

I want to clarify, I am not against vacant land development in Mailbu Park.

But, want to suggest that develpment setbacks stay within the Coastal Commissions guidelines, as were required of us when we rebuilt our house on the adjacent lot.

Can you pleae arrange a phone meeting next week with Mr.

Mollica?
Thank you,
Dawn N Ericson
8 On Mar 4, 2024, at 7:08 PM, Richard Mollica
<[email protected]> wrote:

Hi Dawn and Dominique,
Hope all is well. I would be glad to meet with
you. Since the project at 30053 is under review, I am
looping in the project planner Tyler on this. Tyler will be in contact with you about a time to meet in
person, zoom, or on the phone whichever is best for
you.

Have a good evening,
Richard
Richard Mollica, AICP
Planning Director
9 City of Malibu
310.456.2489 ext 346
From: Dawn Ericson
Sent: Monday, March 4, 2024 12:29 PM
To: Richard Mollica <[email protected]>
Cc: Dominique Navarro
Subject: resident DAWN ERICSON vs STEVEN KENT
developer

Richard Mollica,
AICP

Planning
Director

City of Malibu
Thank you Richard.
for your valuable time to advise me.

May I please request a phone meeting?
My concern: the City Planning Department handled
two adjacent large parcel building projects with two
conflicting set-back requirements.
30069 Harvester Rd: ESHA SETBACKS.
30053 Harvester Rd: NO SETBACKS for ESHA.

I attach two diagrams below for a quick review of both
parcels.

I attach one photo below for a quick review of
surround parcels with the required SETBACKs.

Description of issue:

Two adjacent lots: 30053 Harvester Rd is east of
30069 Harvester Road. Both are within a riparian
corridor as seasonal runoff flows off Horizon, from
Cuthbert Road, under Harvester and meets 1/4 mile
away at the new High School's ESHA and to Zuma
Beach.

This riparian corridor and ESHA historically have
native plants, nesting falcons, and numerous wildlife
species which were decimated by the Woolsey
Fire. BUT, slowing the ESHA is recovering. We have
videos of animals – a Gray Fox, Bob Cats, falcons,
owls. There were 2 sightings of a Cougar on
Harvester Road a month ago. We are replanting to
restore the ESHA on our property.

Attachment Dia.#1. 30069 Harvester Road rebuild
after the Woolsey Fire with
REQUIRED SETBACKS due to the parel location
within a ESHA. The Fire Department requested that
we demonstrate that we would only plant native
10 species, and requested restoration of the ESHA. We
did not dispute the ESHA or need a 'Biological
Review'.

Attached here is the “SETBACKS map" prepared for
the Fire Department and City Planners.

Attachment Dia.#2. 30053 Harvester Road
Steven Kent's has no intention of developing within an
ESHA or riparian corridor. Therefore, these
APPROVED Planning Department house plans have
NO SETBACKS. Mr. Kent was required by the City
Planner to provide a 'Biological Review'. Mr. Kent
wrote this 'Biological Review', along with a paid
consultant.

Thank you,
Dawn N Ericson
<image001.png>
<image002.png>
Biological Inventory
30053 Harvester Rd
Malibu, CA
June 28, 2023
Prepared For:

Steven Kent
11906 Gorham Ave
Los Angeles, CA 90049
Prepared By:

Edith Read, PhD
E Read and Associates, Inc.

Orange, CA
(714) 366-8857
[email protected]
Biological Inventory 30053 Harvester Rd, Malibu
ii

TABLE OF CONTENTS
PROJECT DESCRIPTION.......................................................................................................................................................................................... 3 METHODS .................................................................................................................................................................................................................. 3 RESULTS AND DISCUSSION................................................................................................................................................................................... 3 VEGETATION AND WILDLIFE.................................................................................................................................................................................... 3 SPECIAL STATUS HABITATS AND SPECIES ................................................................................................................................................................. 3 POTENTIAL IMPACTS AND RECOMMENDATIONS........................................................................................................................................... 4 Figures (all follow Text)
Figure 1. Property Location ................................................................................................................................................................................... 5 Figure 2. Site Photographs of Vegetation.......................................................................................................................................................... 6 Figure 4a. Historical Topography and Current Conditions: West Side ...................................................................................................... 7 Figure 4b. Historical Topography and Current Conditions: East Side.......................................................................................................... 8 Figure 5. ESHA Boundaries Relative to Property Location.............................................................................................................................. 9

Biological Inventory 30053 Harvester Rd, Malibu
3 PROJECT DESCRIPTION
This report provides an inventory of biological resources on 30053 Harvester Road in the City of Malibu (APN 4469-009-010; Figure 1). The property is currently vacant.

METHODS
Review of resource information relevant to evaluating biological resources and potential for special status species was conducted for guidance in the field and discussion in this report. This information consisted of aerial photographs, U.S. Geological Survey (USGS) maps, the City’s database of locations of sensitive habitat in the region, and the June, 2023 update of the California Natural Diversity Database (CNDDB). Regional CNDDB data were overlaid onto a map using Geographic Information System (GIS) software.

The field survey was conducted by E. Read on June 15, 2023.

RESULTS AND DISCUSSION
Vegetation and Wildlife
Vegetation on the property consists of non-native annual grassland dominated by wild oats (Avena spp.). Sometime prior to the survey, this vegetation had been mowed for fire hazard abatement purposes, so species were identified based on leaves and fruiting material. Figure 2 provides photographs representing vegetation on the property and more detail regarding plant species observed.

Wildlife detected during the survey consisted of pocket gopher (Thomoys bottae, evidenced by burrows), coyote (Canis latrans, evidenced by scat), eastern fox squirrel (Sciurus niger), and spotted towhee (Pipilo maculatus). No raptor nests were observed in the trees adjacent to the property.

Special Status Habitats and Species
Streambeds. Figures 4a and 4b show two off-site gullies. These gullies are not indicated as “blueline” streambeds on the historical USGS map and their hydrologic regimes are best characterized as ephemeral. No wetland conditions were observed during the survey, and with the exception of an immature sycamore and toyon in the west gully, the dominant vegetation consists of non-native landscape species. Flows from these gullies are conveyed through small underground culverts into storm drains on the property to the south. Openings of the culverts were observed to be clear on the day of the survey, and it can be expected that these culverts are routinely kept clear to avoid flooding.

As can be seen in the figures, the USGS map shows an unnamed “blue-line” intermittent streambed east of the property but its location is more than 1,000 feet from the property line.

Environmentally Sensitive Habitat Area (ESHA). Figure 5 shows the City-mapped ESHA relative to the property location. No ESHA or feature qualifying as ESHA is located on or within 200 feet of the property.

Biological Inventory 30053 Harvester Rd, Malibu
4 Special Status Species. No special status species would be expected to occur on the property due to lack of suitable habitat. Similarly, no raptors would be expected to nest on the property. No native or protected trees are present on the property itself.

POTENTIAL IMPACTS AND RECOMMENDATIONS
Development of the property, including landscaping with a fuel modification zone, would not impact special status species or protected habitats, including wetlands. Measures that the City already requires as conditions of development, such as controlling runoff and trash, and avoiding planting invasive vegetation, will be sufficient to protect the adjacent off-site gullies and biological resources of the area. No additional surveys or studies are warranted at this time.

Biological Inventory 30053 Harvester Rd, Malibu
5 Figure 1. Property Location
Biological Inventory 30053 Harvester Rd, Malibu
6 Above: views north and east from Harvester Rd. The shrubby plant in the foreground is castor bean (Ricinis communis), an invasive non-native species. Eucalyptus trees in the background are on the adjacent property.

Below: views south and west from northern property line. As in the other photographs, mature vegetation consisting primarily of eucalyptus is on the adjacent property. The small pruned shrub in middle photograph is castor bean.

See Figure 3 for additional photographs related to adjacent (off-site) conditions.

Figure 2. Site Photographs of Vegetation
Biological Inventory 30053 Harvester Rd, Malibu
7 Top photo shows an immature western sycamore (Platanus racemosa) and toyon (Heteromeles arbutifolia) associated with a gully off-site on the adjacent property and upslope from a small culvert (bottom photo). No wetland vegetation was observed.

Figure 4a. Historical Topography and Current Conditions: West Side Biological Inventory 30053 Harvester Rd, Malibu
8 Photo above left is a view to the north showing the eastern off-site gully. No wetland was observed.

Figure 4b. Historical Topography and Current Conditions: East Side Biological Inventory 30053 Harvester Rd, Malibu
9 Brown polygons indicate City-mapped ESHA boundaries. Arrow indicates property location.

Figure 5. ESHA Boundaries Relative to Property Location

From: Stacy Clunies-Ross >
Sent: Tuesday, March 5, 2024 8:59 AM
To: K__ malibu planning
<[email protected]>
Subject: 30053 Harvester Rd. - Malibu Planning Commission Hearing Item #5A 3/4/24
RE: 30053 Harvester Rd. - Malibu Planning Commission Hearing Item #5A Dear Planning Commissioners,
We are writing in support of Steven Kent and the building of his new home on Harvester Rd.

We've known Steve for over 10 years. Craig met Steve through mutual friends and over the years has traveled extensively with him. We have all formed a very close friendship. We have also been fortunate enough to have him design two homes for us. One is a fire rebuild on Harvester, very near to Steve’s project, that will soon be our new family home. He has also designed a new home for my parents on Trancas Beach. Both home designs are exquisite.

We hope you support this project, which will enable his family to live in our beautiful neighborhood.

Sincerely,
Craig and Stacy Clunies-Ross
Harvester Rd.

Malibu CA 90265
Stacy Clunies-Ross
Westside Estate Agency
CalBRE#01980245
Realtor®
Cell Phone:3
Email:

Page 1 of 7 ends

Commission Agenda Report
To: Chair Hill and Members of the Planning Commission
Prepared by: Tyler Eaton, Senior Planner
Approved by: Richard Mollica, Planning Director
Date prepared: April 4, 2024 Meeting date: April 15, 2024 Subject: Coastal Development Permit No. 23-019 and Site Plan Review No. 23- 024 – An application for a new single-family residence, a second unit, and associated development (Continued from March 18, 2024) Location: 30053 Harvester Road, not within the appealable coastal zone
APN: 4469-009-010
Owner: Steven Kent
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 24-21 (Exhibit A) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 23-019 to construct a new 4,270 square foot, two-story, single-family residence plus a 750 square foot attached three-car garage, 900 square foot detached second unit, 500 square foot detached garage, 432 square foot yoga studio, swimming pool, grading, landscaping, hardscape, and onsite wastewater treatment system (OWTS); including Site Plan Review (SPR) No. 23-024 to construct the residence in excess of 18 feet in height, up to 24 feet for a flat roof, located in the Rural Residential, Two-Acre (RR-2) zoning district at 30053 Harvester Road (Kent).

DISCUSSION: On March 18, 2024, the Planning Commission held the first meeting on the subject item. Throughout the review process and during the meeting, neighbors on either side of the project site expressed concerns regarding the proposed development.

The residents at 30069 Harvester Road expressed concerns regarding potential Environmentally Sensitive Habitat Area (ESHA) and native protected trees on the property boundary between their property and the project site. The residents at 30033 Harvester Road expressed concerns over the proposed development’s height, neighborhood character, massing, and location. This report will provide further detail about the concerns stated by the neighbors and the project’s conformance with the City’s Local Coastal Planning Commission
Meeting
04-15-24
Item

4.A.

Exhibit G

Page 2 of 7 ends

Program (LCP) and Malibu Municipal Code (MMC). Additionally, the applicant has revised the second unit design to comply with the LCP and MMC which will be identified in this report.

Neighbors at 30069 Harvester Road are Concerned about Potential ESHA and Protected Native Trees
The neighbors contest that ESHA and native protected trees exist on the property boundary between their property and the project site. Correspondence related to the matter are attached as Exhibits C and D. Specifically, they state that a stream, riparian habitat, and native protected trees are within the area. The project site does not contain mapped ESHA pursuant to the LCP’s ESHA maps. The closest LCP mapped stream is 900 feet away on either side of the subject property as shown in Figure 1 below. The applicant submitted a biological inventory prepared by Edith Read and Associates, Inc. which concluded that no ESHA, including a stream, exists on or adjacent to the property.

The slopes between the two properties descend into their shared property. The biological inventory prepared by Edith Read concludes the following:
“These gullies are not indicated as “blueline” streambeds on the historical USGS map and their hydrologic regimes are best characterized as ephemeral. No wetland conditions were observed during the survey, and with the exception of an immature sycamore and toyon in the west gully, the dominant vegetation consists of non-native landscape species.”
Figure 1: LCP Indicated Streams and ESHA
Source: Malibu City GIS 2024

Page 3 of 7 ends

Malibu City CouncilMay 27, 2025

Malibu City Council
May 27, 2025