Agenda packet, second session — Malibu City Council, May 20, 2026 (part 1 of 7)

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Meeting Agenda
CC_260520_AGENDA.PDF
Item 1.A
Appeal of Planning Commission Resolution No. 25-02 Regarding Coastal Development Permit No. 22-009 (24515 Vantage Point Terrace, APN 4458-033-005; Owner, 24515 Vantage Point Syndication LLC; Appellant, Alistair Saeghi) CC_260520_ITEM_1A.PDF
Item 1.B
Appeals of Planning Commission Resolution No. 25-03 Regarding Coastal Development Permit No. 20-003 (29329 Heathercliff Road, APN 4468-011-011; Owner, ACS International, LLC; Appellants, Larry Roth and Brian Adams) CC_260520_ITEM_1B.PDF

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Malibu City Council
Special Meeting Agenda
Wednesday, May 20, 2026
2:00 P.M. – CITY COUNCIL SPECIAL MEETING
City Hall – Council Chambers
23825 Stuart Ranch Road
Zoom Link:
https://us02web.zoom.us/j/87985644870

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Two p.m. Regular Session
Call to Order - Mayor
Roll Call - Recording Secretary
Pledge of Allegiance
Report on Posting of Agenda – April 16, 2026
Approval of Agenda

1. Ordinances and Public Hearings
A. Appeal of Planning Commission Resolution No. 25-02 Regarding Coastal Development Permit No. 22-009 (24515 Vantage Point Terrace, APN 4458-033-005; Owner, 24515 Vantage Point Syndication LLC; Appellant, Alistair Saeghi)
Recommended Action: Either: 1) Adopt Resolution No. 26-17 denying Appeal (AP) No. 25-001 (Exhibit B), determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 22-009 to construct a new 3,963 square-foot, one-story, single-family residence, with an attached 414 square-foot garage, driveway, swimming pool and spa, roof deck, and associated development, including Site Plan Review (SPR) No. 24-013 for 3,032 cubic yards of remedial grading, located in the SingleFamily Medium (SF-M) Zone and Area A of the Malibu Country Estates Overlay District (MCE Overlay) at 24515 Vantage Point Terrace (24515 Vantage Point Syndication LLC); or 2) Direct staff to bring back a resolution consistent with the City Council’s decision.

Staff Contact: Community Development Director Bundy,456-2489, ext. 229 City Council Special Meeting Agenda Page - 3 - May 20, 2026 B. Appeals of Planning Commission Resolution No. 25-03 Regarding Coastal Development Permit No. 20-003 (29329 Heathercliff Road, APN 4468-011-011; Owner, ACS International, LLC; Appellants, Larry Roth and Brian Adams)
Recommended Action: Either: 1) Adopt Resolution No. 26-18 denying Appeal (AP) Nos. 25-002 and 25-003, determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 20-003 to construct a new 4,050 square-foot, two-story, single-family residence, with an attached 390 square-foot garage, swimming pool, landscaping, hardscape, retaining walls, grading, and installation of a new onsite wastewater treatment system (OWTS), including Minor Modification (MM) No. 20-001 for no more than a 50 percent reduction in the front yard setback, located in the Rural Residential, One-Acre (RR-1) zoning district at 29329 Heathercliff Road (ACS International, LLC); or 2) Direct staff to bring back a resolution consistent with the City Council’s decision.

Staff Contact: Community Development Director Bundy,456-2489, ext. 229 Adjournment
Future Regular Meetings
Tuesday, May 26, 2026 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 8, 2026 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Monday, June 22, 2026 5:30 p.m. Regular City Council Meeting City Hall Council Chambers Copies of the staff reports or other written documentation relating to each item of business described above are on file in the office of the City Clerk, Malibu City Hall, 23825 Stuart Ranch Road, Malibu, California, and are available for public inspection during regular office hours, which are 7:30 a.m. to 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. Friday. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's office at 23825 Stuart Ranch Road, Malibu, California (Government Code Section 54957.5.b.2). Copies of staff reports and written materials may be purchased for $0.10 per page.

The City Hall phone number is (310) 456-2489. To contact City Hall using a telecommunication device for the deaf (TDD), please call (800) 735-2929 and a California Relay Service operator will assist you. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Community Development Director Yolanda Bundy, (310) 456-2489, ext. 229. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADD Title II].

I hereby certify under penalty of perjury, under the laws of the State of California that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours in advance of the meeting. Dated this 16th day of April 2026 at 5:45pm.

Kelsey Pettijohn, City Clerk

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Agenda Item # 1.A.

Council Agenda Report
To: Mayor Silverstein and Honorable Members of the City Council Prepared by: Fletcher Allen, Senior Planner
Reviewed by: Yolanda Bundy, Community Development Director Tyler Eaton, Assistant Community Development Director
Approved by: Joeseph D. Irvin, City Manager
Trevor Rusin, Interim City Attorney
Date prepared: April 9, 2026 Meeting date: May 20, 2026 Subject: Appeal of Planning Commission Resolution No. 25-02 Regarding Coastal Development Permit No. 22-009 (24515 Vantage Point Terrace, APN 4458-033-005; Owner, 24515 Vantage Point Syndication LLC; Appellant, Alistair Saeghi)
RECOMMENDED ACTION: Either: 1) Adopt Resolution No. 26-17 (Exhibit A) denying Appeal (AP) No. 25-001 (Exhibit B), determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 22-009 to construct a new 3,963 square-foot, one-story, single-family residence, with an attached 414 square-foot garage, driveway, swimming pool and spa, roof deck, and associated development, including Site Plan Review (SPR) No. 24-013 for 3,032 cubic yards of remedial grading, located in the Single-Family Medium (SF-M) Zone and Area A of the Malibu Country Estates Overlay District (MCE Overlay) at 24515 Vantage Point Terrace (24515 Vantage Point Syndication LLC); or 2) Direct staff to bring back a resolution consistent with the City Council’s decision.

FISCAL IMPACT: There is no fiscal impact associated with the recommended action.

STRATEGIC PLAN IMPLEMENTATION: N/A.

DISCUSSION: The matter is an appeal of the Planning Commission’s approval of CDP No. 22-009 and SPR No. 24-013, an application for the construction of a new one-story single-family residence, swimming pool, and associated development. The appellant, Mr.

Saeghi, who owns the property immediately to the northwest, filed an appeal of the Planning Commission’s decision to approve the project.

City Council Meeting
05-20-26
Item

1.A
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Project Background
Planning Commission Hearing on March 3, 2025
At its March 3, 2025 meeting, the Planning Commission deliberated on the project and received testimony from members of the public. This project included the following updates designed to address concerns from Mr. Saeghi about the roof deck’s potential privacy and shadow casting impacts expressed in October 2024:
• The original 928 square-foot roof deck was shifted from the northwest to the southeast, away from Mr. Saeghi’s property, and reduced its size to 887 square feet;
• The original stairway access to the roof deck was relocated from the northwest edge of the roof deck towards the center of the development, away from Mr. Saeghi’s property. Given the design of the house, the updated location for the access stairs would be shielded by the proposed residence from the northwest, southwest, and southeast;
• The originally proposed planters on the roof deck were relocated to wrap completely around the northwest edge of the roof deck to enhance privacy of Mr. Saeghi’s property located immediately northwest. The revised planter design effectively shifted the use of the roof deck further southeast and helped buffer visual and noise impacts to Mr. Saeghi’s property; and
• Condition of Approval No. 13 was added to the Planning Commission’s resolution (Exhibits C), which prohibited any furniture left overnight on the proposed roof deck, and capped the height of the roof deck planters at a maximum of 18 feet.

The project was approved on a 4-1 vote, and the conditions of approval are listed in Planning Commission Resolution No. 25-02 (Exhibit C). The draft Council Resolution (Exhibit A) reflects the Planning Commission’s action. The Planning Commission agenda report, in which the Planning Division recommended approval of the project, is included as Exhibit D. The Planning Commission agenda report goes into greater detail regarding the project. Appeal No. 25-001 was filed on March 12, 2025. The appeal was filed by Mr.

Saeghi, the owner of the adjacent property to the north of the subject property. The Planning Commission hearing video can be found on the City’s website at https://www.malibucity.org/662/Public-Meeting-Video-Archive Project Overview
The subject property is vacant, residentially zoned, and located in the MCE Overlay adjacent to John Tyler Drive. The lot remains one of the only vacant lots remaining in the MCE neighborhood. The subject property takes access from Vantage Point Terrace, near the end of the cul-de-sac. The project is sited on primarily flat terrain and avoids development on slopes steeper than 3 to 1, which exist near the rear property line along John Tyler Drive. The appellant’s property is located at 24523 Vantage Point Terrace, which is immediately north of the subject property. Figure 1 below illustrates the subject property, the appellant’s property, and the surrounding area. 2

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Figure 1 – Project Area Aerial Map
Source: City of Malibu GIS 2026

APPEAL TO THE CITY COUNCIL
A representative of the appellant provided oral testimony during the public hearing before the Planning Commission. In the appeal, the appellant contends that the findings are not supported by the evidence, that the decision is not supported by the findings, and that the decision is contrary to law. The specific arguments are summarized below in italics. The full text of the appeal documents can be found in Exhibit B. Responses by the staff are provided following each argument.

Appeal Item 1. Roof deck is out of scale and oversized. The appellant states that the proposed roof deck would be completely out of scale and character with developments in the vicinity. The appellant claims its size and design directly threaten the privacy of surrounding properties and asserts that the roof deck would create intrusive viewing angles into the appellant’s home. The appellant states that the Planning Division failed to analyze surrounding properties and to inventory sizes of roof decks in the MCE Overlay.

The appellant claims that the review and approval of the CDP defy the objectives of the MCE Overlay, the General Plan, and the Code.

Appellant Property:
24523 Vantage Point Terrace
Subject Property:
24515 Vantage Point Terrace
N
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Staff Response
The LCP and MMC do not state specific development standards regarding the maximum size, shape, or orientation of a roof deck. Instead, roof decks are required to meet typical building design standards such as overall height and setbacks of the primary structure to which it’s attached. The MCE Overlay District, however, does provide specific design criteria for flat roofs, which are limited to a maximum of 20 percent of total roof area, pursuant to LCP Local Implementation Plan (LIP) Section 3.4.1(D)(10). The proposed residence primarily features a pitched roof (which is defined as steeper than 8:1), with the exception of the roof deck, which is flat. The redesigned 887 square foot roof deck represents 17.0 percent of the total roof area (5,217 square feet), and complies with the 20 percent limitation1. Calculations determining the percent of flat roof area are derived from Figure 2 below, which shows the original and revised roof deck configuration. The appellant also does not cite any specific provision of the LIP or MMC to which the deck would not conform.

Figure 2 – Original and Revised Roof Deck
1 The March 3, 2025 staff report erroneously labelled the redesigned roof deck as 928 square feet. The applicant’s presentation at that hearing contained the correct measurement, shown as 887 square feet. Both the Staff presentation and the Applicant presentation to Planning Commission on March 3, 2025 are included within Exhibit D. 4

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Source: Applicant’s Presentation to Planning Commission, March 3, 2025 Appeal Item 2. Roof deck fails to consider privacy. The appellant states that the project results in uncomfortably close views into the interior of appellant’s home, due to minimal building separation between the two structures. The applicant states that the proposed building envelope creates views at a close angle into a bedroom and living room area in appellant’s home. Given the presence of the existing structures, the applicant claims that by adhering to the minimum required setbacks, the project fails to adequately safeguard privacy. The appellant describes that size of the proposed residence, which is 200 square feet larger than the appellant’s residence and almost 2,000 square feet larger than the minimum size required for residences in the MCE Overlay, contributes to the privacy intrusion concern.

Staff Response
Between October 2024 and March 2025, the roof deck was redesigned to address concerns raised by the appellant and address potentially intrusive viewing angles into the appellant’s property. A summary of the revisions made are described above in the Project Background section. These revisions were designed to preserve privacy and minimize intrusive angles between the proposed roof deck and the appellant’s residence. As approved, the Planning Commission found the redesigned roof deck to be sufficient in addressing privacy concerns.

Regarding building separation, the project plans provided in Exhibit D demonstrate that the proposed residence maintains a side yard setback along the northwestern property 5

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line of at least 8 feet at all locations. The 8-foot setback exceeds the minimum requirement of 5 feet by 60%. (Note: The zoning conformance table within the corresponding agenda report (Exhibit D), incorrectly labelled this proposed setback as 5 feet (the minimum required), rather than the proposed 8 feet depicted on the plans.) The roof deck location is also set further back from the northwestern property line to maintain a distance of at least 21 feet, 9 inches at all points. Additionally, the relocated planters, positioned along the northwestern edge of the roof deck, provide a vegetated buffer of approximately three feet for further separation, amounting to 24 feet, 9 inches.

As approved, the Planning Commission found the increased separation was sufficient in addressing the proximity of the proposed roof deck to the neighboring residence to the northwest.

Appeal Item 3. Failure to consider view rights. The appellant states that the Planning Commission did not sufficiently consider the project’s impacts on views from, and privacy of, the appellant’s property and other surrounding properties. The appellant claims this was in violation of the Municipal Code and the policies and directives of the City’s General Plan. The appellant states that he currently has scenic views from his living room, yard, and other portions of his property and if the project approval were to stand, these views would be compromised. The appellant states that the story poles remained onsite for several months following Staff’s visit for additional evaluation prior to the public hearing.

By the time of the hearing, the poles were in disrepair and, therefore, failed to adequately depict the silhouette of the proposed structures. The appellant claims that this renders privacy determinations more difficult, including whether the project would affect public views from Pacific Coast Highway. The appellant states that at least one Planning Commissioner remarked that a seasonal view of the ocean exists, but that the Planning Division’s review included no consideration of this. The appellant claims that the City’s reviewers failed to select a primary view corridor for appellant’s home and the story poles were not maintained, either of which would have allowed verification of a properly calculated height, as required by the LIP and the “control point” for the Project site as defined in the MCE Declaration of Restrictions, recorded on August 28, 1972.

Staff Response
The March 3, 2025 Planning Commission agenda report discussed the objective design standards for the subject property due to its location within the MCE Overlay. The standards of the MCE Overlay were originally established approximately 50 years ago (pre-Cityhood) and prescribe fixed building pads, base elevations, and maximum building heights per lot to preserve private views of the surrounding mountains and the Pacific Ocean. These standards, which were originally specified in Covenants, Conditions, and Restrictions (CC&R’s) for every property in the MCE neighborhood, were later codified in the LIP and MMC. Per the MCE Overlay, no lots are permitted to deviate from these objective design standards.
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As designed and approved, the project did not deviate from the MCE Overlay standards which were designed to provide objective standards that protect the private views of each residence in the overlay district. As each lot in the MCE Overlay is granted predefined building pads, base elevations, and maximum heights, projects developed in compliance with the standards are not considered to result in unreasonable private view impacts to surrounding residents.

The story poles installed and certified on July 25, 2023 provided the required visual simulation of the structure’s massing for public disclosure. Over a period of several months, story poles may loosen from exposure to wind and weather, after which, poles can be re-installed if requested and necessary to evaluate the project’s massing. No requests for re-poling were received by the City prior to the project’s scheduled Planning Commission hearing, therefore, no re-poling occurred. During a staff visit in July of 2023, staff confirmed the story poles were properly installed, and consistent with the approved story pole plan.

Regarding the project’s maximum height, a height survey is required as part of the conditions of approval and will be submitted upon the completion of framing to confirm the height is per the approved plan. Since construction has not commenced, a height survey is not yet required.

Regarding the appellant’s claim that a designated view corridor of the ocean should be provided on the subject property, the MCE Overlay does not require such a corridor, and the property in not landward of any LCP designated scenic road or public viewing areas which would subject this site to a view corridor requirement pursuant to LIP Section 6.5.

Appeal Item 4. The project includes insufficient fire protection. The appellant claims that both the nature of the rooftop deck and the plants themselves create unnatural fire risks.

The appellant states that the size of the rooftop encourages gathering of persons to engage in outdoor activities such as smoking and grilling. The appellant describes that if each person has 12 square feet, 77 persons could be accommodated on the rooftop deck at any given time. Furthermore, the appellant states that members of the Planning Commission noted that while the Fire Code required a five-foot wide walkaround, they received information that actual measurements were only four feet on the steeper slope [based on story pole placement] without extending the existing grading pad. The appellant claims that the onsite measurements did not match those shown on the plans. The appellant also states that the Fire Department did not verify required Fire Department vehicular access, including necessary width and grade, as it did with previous reviews of projects in the MCE Overlay.

Staff Response
If approved, the Project will be submitted for building plan check review at which point it will be subject to the California Building Codes in effect at the time of submittal, which will ensure safety standards are met, including Fire Safety. Regarding Fire Department 7

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access, approval for the required 5-foot-wide walking access was obtained on June 1, 2022. The associated Fire access plan supporting the Planning Commission’s approval was included on page three of the project plans (Exhibit D) presented to the Planning Commission on March 3, 2025. This Fire access plan highlights the required Fire Department access, which maintains the required minimum width of 5 feet for walking access around the proposed residence. Furthermore, this plan shows the total path of travel distance around both sides of the proposed residence to depict the maximum allowed length of fire hose required to suppress a structure fire, with the Fire trucks staging on Vantage Point Terrace. The path of travel was measured at 147 feet around the north side and 144 feet around the south side of the proposed residence, with a standard fire hose length of 300 feet.

Appeal Item 5. Certain required findings were missing from City documents. The appellant asserts that the project was subject to Site Plan Review requirements because of the 3,000+ cubic yards of remedial grading in this Overlay District. The appellant describes that certain findings, and others identified in the Site Plan Review standards such as analyzing the effects of solar access to a neighboring property, are absent from the agenda report, discussion, and resolution, as modified, approving the project. The appellant claims that unlike other prior development applications, the Planning Division did not define a primary viewing angle from appellant’s property so as to avoid obstruction of visually impressive scenes of the ocean, Santa Monica Mountains, canyons, valleys, or ravines.

Staff Response
The agenda report presented to Planning Commission on March 3, 2025 contained all applicable findings required by the LCP. The report included the required four CDP findings (required by LIP Chapter 13), four SPR findings applicable to remedial grading (required by LIP Section 13.27.5), three Native Tree Protection findings (required by LIP Section

5.7), and five Hazard findings (required by LIP Section 9.3).

The four SPR findings were made in support of remedial grading to secure (not relocate, raise, or expand) the existing building pad as recommended by the applicant’s geotechnical engineer. The existing building pad was originally graded nearly 50 years ago as part of the MCE subdivision. Since it has not yet been developed with a residence, remedial grading was recommended to ensure site stability for the proposed residence.

While the MMC requires additional SPR findings, including one for assessing solar access, those additional findings are made when an SPR request is related to deviances from code requirements such as increased structure height and reduced setbacks. Since the requested SPR was solely for authorizing remedial grading, unrelated to height increases or setback reductions, certain findings were not applicable to the Planning Commission’s review and approval of the project, such as solar access.

Regarding the appellant’s request to establish a Primary View, the Planning Division visited the appellant’s property on October 7, 2024 to assess potential impacts to 8

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impressive private views as defined in the MMC. The site visit concluded that the subject property was surrounded by existing development and landscaping, with no impressive views of the Pacific Ocean or undisturbed Santa Monica Mountains observed, therefore, no adverse impacts to impressive views could occur from the proposed project. The project is within the height allowances of the MCE overlay.

Appeal Item 6. Unusual circumstances exist. The appellant states that the Planning Commission wrongly granted an environmental clearance because the Project triggers the unusual circumstances exception to the CEQA exemption it received. The appellant claims that the unusual circumstances include: (a) lack of development on the lot for 5O years; (b) recent fire activity in the area and unseasonable, excess rainfall and their effects on stability; (c) noise, lighting, and other impacts from a uniquely sizeable roof deck that can serve as a gathering space for a large number of individuals; (d) the site’s situation in a landslide zone; (e) the massing of the large home and pool layout in proximity to the slope; and (f) the site’s vicinity to John Tyler Drive and Pepperdine University. The applicant claims that, collectively, these items constitute unusual circumstances and the Categorical Exemption finding is inappropriate.

Staff Response
The Project is exempt from CEQA pursuant to two categorical Class 3 exemptions in CEQA Guidelines Section 15303 (i.e., (a) new construction of a single-family residence; and (e) new construction of accessory structures). Section 15303(a) was applied as the project proposed the development of a single-family residence. Section 15303(e) was applied as the project proposed accessory development such as the swimming pool. As part of the Planning Commission’s CEQA determination, the Planning Commission found that none of the six exceptions to the use of a categorical exemption applied to this project (CEQA Guidelines Section 15300.2). Note that similar CEQA exemptions were applied to appellant’s application for the construction of his own residence, which was approved by the Planning Commission in 2014 (CDP No. 12-063) and constructed in 2020.

Responses to each claim made in this item are listed below:
(a) The lack of development on the lot since it was originally graded approximately 50 years ago was acknowledged by the City’s Geotechnical consulting reviewers as part of their review. Given the potential for building pad weakening over five decades, the applicant’s geotechnical engineer recommended to incorporate remedial grading in the project scope to strengthen the existing pad, without altering its original pad elevation or footprint. This recommendation was reviewed and acceptable to the City’s Geotechnical consulting reviewers pursuant to LIP Chapter 9 Hazards criteria and the Planning Division for consistency with the MCE Overlay. The remedial grading resulted in the applicant’s request for SPR No. 24- 013 due to the LIP’s discretionary allowance for remedial grading in the MCE Overlay.
(b) Concerns about soil stability due to recent fires in the area further supports the recommended remedial grading to stabilize the building pad. Additionally, the 9

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project is conditioned to comply with all applicable Geotechnical recommendations and safety standards in the California Building Code to ensure safety to life and property.
(c) Noise and lighting concerns from the roof deck were minimized by (1) shifting the deck further south; (2) reducing the size of the roof deck by 40 square feet; (3) relocating the roof access stairway from the northwest edge of the proposed home to its center; (4) relocating the roof deck planters to further buffer it from neighboring properties; and (5) including specific conditions of approval pertaining to noise and outdoor lighting. The project is also conditioned to comply with the City’s Dark Sky ordinance to further minimize impacts from exterior lighting. (d) The site’s proximity to a landslide zone has been analyzed and approved by the City’s Geotechnical consulting reviewers. As mentioned in item (b), the recommended remedial grading will stabilize the site and mitigate from potential geotechnical hazards, including landslides.
(e) The project’s massing complies with minimum total development square footage (TDSF), minimum setbacks, and maximum height per LIP standards. The location of development also complies with LIP standards by avoiding the placement of structures on slopes steeper than 3 to 1.
(f) The site’s proximity to John Tyler Drive and Pepperdine University was defined 50 years ago when the subdivision was established. The proposed development is contained within the designated building pad and off the manufactured slope along the southwest side of John Tyler Drive, consistent with the MCE Overlay’s one building pad maximum for each lot. Given these restraints, the proposed development’s proximity to John Tyler Drive and Pepperdine University is consistent with neighboring properties and as intended for development in the MCE Overlay.

Appeal Item 7. Cumulative impacts were not accounted for. The appellant states that the Planning Commission wrongly granted an environmental clearance because it failed to account for the cumulative effect of development of just under 107 separate properties that make up the Malibu Country Estates Overlay District. The appellant claims that such can contribute to soil displacement and put stress on the hillside and the surrounding landslide and/or liquefaction zones. The appellant states that the CEQA exemption used is inappropriate.

Staff Response
Refer to the response to Appeal Item 6, above, which addresses the two applicable CEQA exemptions for the project. Though vacant, the subject property has already been considered for residential development as part of the MCE Overlay, similar to every other parcel in the MCE Overlay. The construction of a single-family residence is consistent with the land use and density allowances considered as part of the MCE Overlay and SF-M zoning district and does not warrant a cumulative impact analysis. Similarly, the approval of the appellant’s single-family residence in 2014 did not warrant a cumulative impact analysis when considered by the Planning Commission. The CEQA exemptions applied 10

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are appropriate for the project and consistent with the City’s processing of proposed single-family residences in similar circumstances. The project was reviewed for geotechnical safety by the City geotechnical consultant reviewers and found to meet all the requirements of LIP Chapter 9 (Hazards) along with the City’s geotechnical guidelines.

Appeal Item 8. All concerns raised at and prior to hearing are incorporated into the appeal.

The appellant incorporates by reference all issues of concern raised at the hearing by Planning Commissioners and all correspondence submitted prior to and presented at the hearing by the appellant (a concerned neighbor at that time), including emails, letters, and presentation.

Staff Response
Per MMC Section 17.04.220, the appellant needs to specify in the appeal the grounds for the appeal in order to “provide adequate notice to all parties with respect to the issues on appeal and eliminate the necessity of rehearing matters not subject to challenge.” By failing to identify any additional specific issues appellant has failed to provide notice of any additional grounds for appeal. Such notice is required—without it the applicant cannot know which issues to brief and address with the Council. Considering items outside those specified in the appeal would conflict with the requirements of the MMC and potentially violate the due process rights of the applicant.

ENVIRONMENTAL REVIEW: Pursuant to the authority and criteria contained in the CEQA, the Planning Division and Planning Commission analyzed the proposed project.

The Planning Division and Planning Commission 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 and categorically exempt from the provisions of CEQA according to CEQA Guidelines Section 15303(a) and (e) – New Construction. The Planning Division and Planning Commission further determined that none of the six exceptions to the use of a categorical exemption applies to this project (CEQA Guidelines Section 15300.2). Staff recommends that the City Council make the same findings should it approve the project and deny the appeal.

Should the City Council choose to uphold the appeal and deny the project, pursuant to CEQA Guidelines Section 15270, CEQA does not apply to projects that a public agency rejects or disapproves.

CORRESPONDENCE: Previous correspondence submitted during the Planning Commission hearings is attached as Exhibit D. The Planning Division has not received any additional correspondence on this project or the appeal.

PUBLIC NOTICE: On April 16, 2026, a Notice of City Council Public Hearing was published in a newspaper of general circulation within the City and a public notice was mailed to the owners and occupants of all properties within a radius of 500 feet of the subject property (Exhibit E).
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Agenda Item # 1.A.

SUMMARY: Based on the information in this report, provided with the agenda reports presented to the Planning Commission, project plans and other documents, the City Council shall either adopt the attached resolution denying the appeal and approving the project or direct the Planning Division to return with a resolution consistent with the City Council’s decision.

EXHIBITS:

1. Resolution No. 26-17

2. Appeal No. 25-001

3. Adopted Planning Commission Resolution No. 25-02

4. March 3, 2025, Planning Commission Agenda Report with Attachments including Correspondence

5. Public Hearing Notice
12 Exhibit 1
RESOLUTION NO. 26-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MALIBU, DENYING APPEAL NO. 25-001, DETERMINING THE PROJECT IS

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND APPROVING COASTAL DEVELOPMENT PERMIT NO. 22-009 TO CONSTRUCT A NEW 3,963 SQUARE-FOOT, ONE-STORY, SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 414 SQUARE-FOOT

GARAGE, DRIVEWAY, SWIMMING POOL AND SPA, ROOF DECK, AND ASSOCIATED DEVELOPMENT, INCLUDING SITE PLAN REVIEW NO 24- 013 FOR 3,032 CUBIC YARDS OF REMEDIAL GRADING, LOCATED IN THE

SINGLE-FAMILY MEDIUM ZONE AND AREA A OF THE MALIBU
COUNTRY ESTATES OVERLAY DISTRICT AT 24515 VANTAGE POINT TERRACE (24515 VANTAGE POINT SYNDICATION LLC)
The City Council of the City of Malibu does hereby find, order and resolve as follows:

SECTION 1. Recitals.

A. On March 2, 2022, an application for Coastal Development Permit (CDP) No. 22- 009 was submitted to the Planning Division by applicant, Amit Apel Design, Inc., on behalf of property owner, 24515 Vantage Point Syndication, LLC (Applicant). The application was routed to the City geotechnical consultants, City Biologist, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29), and Los Angeles County Fire Department (LACFD) for review.

B. On July 7, 2023, Planning Division staff conducted a site visit to document site conditions, the property, and surrounding area.

C. On August 7, 2023, a Notice of CDP Application was posted on the subject property.

D. On September 26, 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.

E. On October 7, 2024, Planning Division staff conducted a site visit to assess concerns raised by the neighbor at 24523 Vantage Point Terrace.

F. On October 21, 2024, the Planning Commission continued the item to the November 18, 2024 Planning Commission meeting. The continuance request was made by the applicant in order to consider design revisions to address the neighbor’s concerns at 24523 Vantage Point Terrace.

G. On November 18, 2024, the Planning Commission continued the item to the January 23, 2025 Regular Planning Commission meeting before the public hearing was opened to provide the applicant additional time to address public comments as part of a redesign. 13 Resolution No. 26-17

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H. On January 23, 2025, the item was continued to the February 3, 2025 Regular Planning Commission meeting due to City operations in response to the Palisades Fire.

I. On February 3, 2025, the Planning Commission continued the item to the February 18, 2025 Regular Planning Commission meeting due to City operations in response to the Palisades Fire.

J. On February 18, 2025, the Planning Commission continued the item to the March 3, 2025 Regular Planning Commission meeting to allow the applicant additional time to modify the proposed roof deck to address privacy concerns.

K. On March 3, 2025, the Planning Commission held a duly noticed public hearing on the subject application, as revised, as well as reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record. The Planning Commission adopted Resolution No. 25-02 approving the project.

L. On March 12, 2025, Alistair Saeghi (Appellant) filed an appeal of the Planning Commission’s action (Appeal No. 25-001).

M. On April 16, 2026, a Notice of City Council 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.

N. On May 20, 2026, the City Council held a duly noticed public hearing on the subject application, reviewed and considered written reports including the agenda report and attachments for the March 3, 2025, Planning Commission Meeting, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the City Council has analyzed the proposed project. The City Council has found that the 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 City Council 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. Appeal of Action.

The appellant contends that the Planning Commission’s findings for approval of the project are not supported by the evidence, that the Planning Commission’s decision is not supported by the findings, and that the Planning Commission’s decision is contrary to law. Specifically, the appellant contends that (1) the roof deck is not in conformance with city codes; (2) the roof deck fails to consider privacy; (3) the roof deck violates private view rights; (4) the project does not provide sufficient fire protection; (5) the Planning Commission’s action on the Site Plan Review (SPR) 14 Resolution No. 26-17

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was missing required findings; (6) the Planning Commission’s action was inconsistent with CEQA; and (7) the project failed to properly evaluate cumulative impacts.

Based on the evidence in the record, as detailed below, in the agenda report, and at the hearing on the matter, the City Council has determined that the project conforms to the Local Coastal Program (LCP) and Malibu Municipal Code (MMC), denying the appeals, and approving the project. The Council finds that the evidence supports the findings and is consistent with the City’s past application of the applicable provisions of the LIP.

1. The LCP and MMC do not state specific development standards regarding the maximum size, shape, or orientation of a roof deck. Instead, roof decks are required to meet typical building design standards such as overall height and setbacks of the primary structure to which it’s attached. The MCE Overlay District, however, does provide specific design criteria for flat roofs, which are limited to a maximum of 20 percent of total roof area, pursuant to LCP Local Implementation Plan (LIP) Section 3.4.1(D)(10). The proposed residence primarily features a pitched roof (which is defined as steeper than 8:1), with the exception of the roof deck, which is flat. The redesigned 887 square foot roof deck represents 17.0 percent of the total roof area (5,217 square feet), and complies with the 20 percent limitation. The appellant also does not cite any specific provision of the LIP or MMC to which the deck would not conform.

2. Between October 2024 and March 2025, the roof deck was redesigned to address concerns raised by the appellant and address potentially intrusive viewing angles into the appellant’s property. A summary of the revisions made are described above in the Project Background section. These revisions were designed to preserve privacy and minimize intrusive angles between the proposed roof deck and the appellant’s residence. As approved, the Planning Commission found the redesigned roof deck to be sufficient in addressing privacy concerns.

Regarding building separation, the project plans provided in the March 3, 2025 Planning Commission agenda report demonstrate that the proposed residence maintains a side yard setback along the northwestern property line of at least 8 feet at all locations. The 8-foot setback exceeds the minimum requirement of 5 feet by 60%. (Note, the zoning conformance table within the corresponding Planning Commission agenda report, incorrectly labelled this proposed setback as 5 feet (the minimum required), rather than the proposed 8 feet depicted on the plans. The roof deck location is also set further back from the northwestern property line to maintain a distance of at least 21 feet, 9 inches at all points. Additionally, the relocated planters, positioned along the northwestern edge of the roof deck, provide a vegetated buffer of approximately three feet for further separation, amounting to 24 feet, 9 inches. As approved, the Planning Commission found the increased separation was sufficient in addressing the proximity of the proposed roof deck to the neighboring residence to the northwest.

3. The March 3, 2025 Planning Commission agenda report discussed the objective design standards for the subject property due to its location within the MCE Overlay. The standards of the MCE Overlay were originally established approximately 50 years ago (pre-Cityhood) and prescribe fixed building pads, base elevations, and maximum building heights per lot to preserve private views of the surrounding mountains and the Pacific Ocean. These standards, which were originally specified in Covenants, Conditions, and Restrictions (CC&R’s) for every property in the MCE neighborhood, were later codified in the LIP and MMC. Per the MCE Overlay, no lots are permitted to deviate from these objective design standards. As designed and approved, the project 15 Resolution No. 26-17

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did not deviate from the MCE Overlay standards which were designed to provide objective standards that protect the private views of each residence in the overlay district. As each lot in the MCE Overlay is granted predefined building pads, base elevations, and maximum heights, projects developed in compliance with the standards are not considered to result in unreasonable private view impacts to surrounding residents. The story poles installed and certified on July 25, 2023 provided the required visual simulation of the structure’s massing for public disclosure. Over a period of several months, story poles may loosen from exposure to wind and weather, after which, poles can be re-installed if requested and necessary to evaluate the project’s massing. No requests for re-poling were received by the City prior to the project’s scheduled Planning Commission hearing, therefore, no re-poling occurred. During a staff visit in July of 2023, staff confirmed the story poles were properly installed, and consistent with the approved story pole plan. Regarding the project’s maximum height, a height survey is required as part of the conditions of approval and will be submitted upon the completion of framing to confirm the height is per the approved plan.

Since construction has not commenced, a height survey is not yet required. Regarding the appellant’s claim that a designated view corridor of the ocean should be provided on the subject property, the MCE Overlay does not require such a corridor, and the property in not landward of any LCP designated scenic road or public viewing areas which would subject this site to a view corridor requirement pursuant to LIP Section 6.5.

4. If approved, the Project will be submitted for building plan check review at which point it will be subject to the California Building Codes in effect at the time of submittal, which will ensure safety standards are met, including Fire Safety. Regarding Fire Department access, approval for the required 5-foot-wide walking access was obtained on June 1, 2022. The associated Fire access plan supporting the Planning Commission’s approval was included on page three of the project plans presented to the Planning Commission on March 3, 2025. This Fire access plan highlights the required Fire Department access, which maintains the required minimum width of 5 feet for walking access around the proposed residence. Furthermore, this plan shows the total path of travel distance around both sides of the proposed residence to depict the maximum allowed length of fire hose required to suppress a structure fire, with the Fire trucks staging on Vantage Point Terrace. The path of travel was measured at 147 feet around the north side and 144 feet around the south side of the proposed residence, with a standard fire hose length of 300 feet.

5. The agenda report presented to Planning Commission on March 3, 2025 contained all applicable findings required by the LCP. The report included the required four CDP findings (required by LIP Chapter 13), four SPR findings applicable to remedial grading (required by LIP Section 13.27.5), three Native Tree Protection findings (required by LIP Section 5.7), and five Hazard findings (required by LIP Section 9.3). The four SPR findings were made in support of remedial grading to secure (not relocate, raise, or expand) the existing building pad as recommended by the applicant’s geotechnical engineer. The existing building pad was originally graded nearly 50 years ago as part of the MCE subdivision. Since it has not yet been developed with a residence, remedial grading was recommended to ensure site stability for the proposed residence. While the MMC requires additional SPR findings, including one for assessing solar access, those additional findings are made when an SPR request is related to deviances from code requirements such as increased structure height and reduced setbacks. Since the requested p was solely for authorizing remedial grading, unrelated to height increases or setback reductions, certain findings were not applicable to the Planning Commission’s review and approval of the project, such as solar access. Regarding the appellant’s request to establish a Primary View, the Planning 16 Resolution No. 26-17

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Division visited the appellant’s property on October 7, 2024 to assess potential impacts to impressive private views as defined in the MMC. The site visit concluded that the subject property was surrounded by existing development and landscaping, with no impressive views of the Pacific Ocean or undisturbed Santa Monica Mountains observed, therefore, no adverse impacts to impressive views could occur from the proposed project. The project is within the height allowances of the MCE overlay.

6. The Project is exempt from CEQA pursuant to two categorical Class 3 exemptions in CEQA Guidelines Section 15303 (i.e., (a) new construction of a single-family residence; and (e) new construction of accessory structures). Section 15303(a) was applied as the project proposed the development of a single-family residence. Section 15303(e) was applied as the project proposed accessory development such as the swimming pool. As part of the Planning Commission’s CEQA determination, the Planning Commission found that none of the six exceptions to the use of a categorical exemption applied to this project (CEQA Guidelines Section 15300.2). Note that similar CEQA exemptions were applied to appellant’s application for the construction of his own residence, which was approved by the Planning Commission in 2014 (CDP No. 12-063) and constructed in 2020. Responses to each claim made in this item are listed below:
(a) The lack of development on the lot since it was originally graded approximately 50 years ago was acknowledged by the City’s Geotechnical consulting reviewers as part of their review. Given the potential for building pad weakening over five decades, the applicant’s geotechnical engineer recommended to incorporate remedial grading in the project scope to strengthen the existing pad, without altering its original pad elevation or footprint. This recommendation was reviewed and acceptable to the City’s Geotechnical consulting reviewers pursuant to LIP Chapter 9 Hazards criteria and the Planning Division for consistency with the MCE Overlay.

The remedial grading resulted in the applicant’s request for SPR No. 24-013 due to the LIP’s discretionary allowance for remedial grading in the MCE Overlay. (b) Concerns about soil stability due to recent fires in the area further supports the recommended remedial grading to stabilize the building pad. Additionally, the project is conditioned to comply with all applicable Geotechnical recommendations and safety standards in the California Building Code to ensure safety to life and property.
(c) Noise and lighting concerns from the roof deck were minimized by (1) shifting the deck further south; (2) reducing the size of the roof deck by 40 square feet; (3) relocating the roof access stairway from the northwest edge of the proposed home to its center; (4) relocating the roof deck planters to further buffer it from neighboring properties; and (5) including specific conditions of approval pertaining to noise and outdoor lighting. The project is also conditioned to comply with the City’s Dark Sky ordinance to further minimize impacts from exterior lighting. (d) The site’s proximity to a landslide zone has been analyzed and approved by the City’s Geotechnical consulting reviewers. As mentioned in item (b), the recommended remedial grading will stabilize the site and mitigate from potential geotechnical hazards, including landslides.
(e) The project’s massing complies with minimum total development square footage (TDSF), minimum setbacks, and maximum height per LIP standards. The location of development also complies with LIP standards by avoiding the placement of structures on slopes steeper than 3 to 1.
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(f) The site’s proximity to John Tyler Drive and Pepperdine University was defined 50 years ago when the subdivision was established. The proposed development is contained within the designated building pad and off the manufactured slope along the southwest side of John Tyler Drive, consistent with the MCE Overlay’s one building pad maximum for each lot. Given these restraints, the proposed development’s proximity to John Tyler Drive and Pepperdine University is consistent with neighboring properties and as intended for development in the MCE Overlay.

7. Refer to the response to Appeal Item 6, above, which addresses the two applicable CEQA exemptions for the project. Though vacant, the subject property has already been considered for residential development as part of the MCE Overlay, similar to every other parcel in the MCE Overlay. The construction of a single-family residence is consistent with the land use and density allowances considered as part of the MCE Overlay and SF-M zoning district and does not warrant a cumulative impact analysis. Similarly, the approval of the appellant’s single-family residence in 2014 did not warrant a cumulative impact analysis when considered by the Planning Commission. The CEQA exemptions applied are appropriate for the project and consistent with the City’s processing of proposed single-family residences in similar circumstances. The project was reviewed for geotechnical safety by the City geotechnical consultant reviewers and found to meet all the requirements of LIP Chapter 9 (Hazards) along with the City’s geotechnical guidelines.

8. Per MMC Section 17.04.220, the appellant needs to specify in the appeal the grounds for the appeal in order to “provide adequate notice to all parties with respect to the issues on appeal and eliminate the necessity of rehearing matters not subject to challenge.” By failing to identify any additional specific issues appellant has failed to provide notice of any additional grounds for appeal. Such notice is required—without it the applicant cannot know which issues to brief and address with the Council. Considering items outside those specified in the appeal would conflict with the requirements of the MMC and potentially violate the due process rights of the applicant.

SECTION 4. Coastal Development Permit Findings.

Based on substantial evidence contained within the record (including the analysis, findings of fact, and conclusions set forth by staff in the Council Agenda Report and Planning Commission Agenda Reports, as well as the testimony and materials considered by the Planning Commission and City Council), and pursuant to LIP Section 13.7(B), the City Council adopts the analysis in the agenda report, incorporated herein, the findings of fact below, and approves CDP No. 22-009 for the construction of a new 3,963 square-foot, one-story, single-family residence, with an attached 414 square-foot garage, driveway, swimming pool and spa, roof deck, and associated development, including SPR No. 24-013 for remedial grading in the MCE Overlay.

The City Council finds the project is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment system standards requirements. The project is located in a subdivision that is served by Malibu Mesa Wastewater Treatment Plant; therefore, onsite wastewater treatment requirements do not apply. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.
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A. General Coastal Development Permit (LIP Chapter 13)

1. The project consists of the development of a single-family residential unit.

Evidence in the record demonstrates that the project as conditioned, based on submitted reports, project plans, visual analysis, and site investigation, conforms to the LCP in that it meets all applicable residential development standards.

2. Evidence in the record demonstrates that as conditioned, the project will not result in biological impacts and has been designed to minimize grading. There is no evidence that an alternative project would substantially lessen any potential significant adverse impacts of the development on the environment.

B. Site Plan Review for Remedial Grading (LIP Chapter 13.27.5)

1. The project has been reviewed for all relevant policies and provisions of the LCP.

Based on submitted geotechnical reports, visual impact analysis, and detailed site investigations, the project is consistent with all policies and provisions of the LCP.

2. The project is compatible with other development in the adjacent area in that the neighborhood is residentially developed. The remedial grading s required to properly prepare the building pad to support the weight of the proposed residence. The building pad was previously graded as part of the MCE subdivision project which took place over 50 years ago. Given the scope of the proposed remediation, the project is not expected to adversely affect neighborhood character since it will allow for the construction of a new one-story, single-family residence.

3. The subject property is sited within a developed residential neighborhood. The proposed project consists of the construction of a single-family residence that is compatible with the surrounding residences. The remedial grading will result in the creation of a building with an elevation that is consistent with the requirements of the MCE Overlay. It is not expected that the proposed project will result in negative impacts to existing public views.

4. The proposed project has received LCP conformance review from the City Biologist, City geotechnical consultant reviewers, and the City Public Works Department. The project must also be approved by the Building Safety Division, prior to issuance of City building permits. The proposed project complies with all applicable requirements of state and local law.

C. Native Tree Protection (LIP Chapter 5)

1. The project is in proximity to a Western Sycamore native tree protected zone. To minimize impact, the driveway that encroaches the protected zone was designed to be permeable, exclusionary fencing around the protected zone will be installed prior to construction, and a certified arborist will be retained one year after construction to inspect for damages to the tree.

2. The project includes a driveway located within the native tree protected zone.

However, the residence cannot be relocated, nor can the driveway be eliminated or reduced in width to minimize encroachment in the native tree protected zone. Therefore, the impact of encroachment cannot be avoided and there is no feasible alternative. 19 Resolution No. 26-17

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3. There are no other feasible alternatives to development that would substantially lessen any significant impact on the native tree.

D. Hazards (LIP Chapter 9)

1. The project consists of a single-family residential development. As proposed, the project will meet the minimum width required by the Fire Department. The project will not result in potential adverse impacts on site stability or structural integrity. In addition, the record demonstrates that the project as proposed and conditioned will not impact stability of the site or structure integrity from geologic hazards. However, since the entire city limits of Malibu are located within a Very High Fire Hazard Severity zone, a condition is included in Section 6 of this resolution that requires the property owner to indemnify the City from any hazards associated with wildfire.

2. The project as designed, conditioned, and approved by the City Geologist and the City Public Works Department, does not have any significant adverse impacts on the site stability or structural integrity from geologic, flood, or fire hazards due to the project design.

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

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

5. No adverse impacts to sensitive resources are expected.

SECTION 5. City Council Action.

Based on the foregoing findings and evidence contained within the record, the City Council hereby approves CDP No. 22-009 and SPR No. 24-013, subject to the conditions in Section 6.

SECTION 6. Conditions of Approval.

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. Construction of:
• 3,963 square foot, 18 foot-tall, one-story, single-family residence and an attached 414 square foot garage;
• 887 square foot roof deck;
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• Driveway, swimming pool, spa and associated equipment; and • Fencing less than 6 feet in height.
b. Remedial grading of 3,032 cubic yards.

3. Subsequent submittals for this project shall be in substantial compliance with plans on-file with the Community Development Department, date-stamped February 12, 2025. In the event the 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 and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Community Development Department within 10 days of this decision and/or prior to issuance of any development permits.

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

6. This CDP shall expire if the project has not commenced within three (3) years after issuance of the permit. 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. In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

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

8. All development shall conform to requirements of the City of Malibu Community Development Department, City Biologist, City geotechnical consultants, City Public Works Department, Los Angeles Water District No. 29 (WD29), and the Los Angeles County Fire Department (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 Community Development Director, provided such changes achieve substantially the same results and the project is still in compliance with the MMC and the 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 have been exhausted.

11. The property owner must submit payment for any outstanding fees payable to the City prior to issuance of any building or grading permit.
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12. The property owner shall comply with all the provisions of the MMC and LIP.

Site Specific Condition

13. Nothing left overnight on the rooftop deck, including the rooftop planters, may exceed 18 feet in height as measured from the control point for the subject property of 105.17 feet above sea level.

Cultural Resources

14. 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 Community Development 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.

15. 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.

Lighting

16. Exterior lighting must comply with the Dark Sky Ordinance and 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.

17. Night lighting for sports courts or other private recreational facilities shall be prohibited. 22 Resolution No. 26-17

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18. 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.

19. 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. High intensity lighting of the shore is prohibited.

20. String lights are allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin.

21. Motion sensor lights shall be programmed to extinguish ten minutes after activation.

22. Three violations of the conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site.

Fencing and Walls

23. The applicant shall include an elevation of the proposed electronic driveway gate on the architectural plans that are submitted for building plan check. The gate and all fencing along the front property line shall comply with the regulations set forth in LIP Section 3.5.

24. 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.

Construction/Framing

25. Prior to the commencement of work, the applicant shall submit a copy of their Construction Management Plan. The Construction Management Plan shall include a dedicated parking location for construction workers, not within the public right of way.

26. A construction staging plan shall be reviewed and approved by the Community Development Director prior to plan check submittal.

27. 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.

28. 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.

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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.

30. 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 Community Development Department for review and sign off on framing.

31. For the transportation of heavy construction equipment and/or material, which requires the use of oversized-transport vehicles on State highways, the applicant / property owner is required to obtain a transportation permit from the California Department of Transportation.

Biology/Landscaping

32. Except as permitted pursuant to the provisions in LCP Land Use Plan (LUP) policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife. Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.

33. Drainage shall be directed away from all root zones of all native trees.

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allowed within the fenced exclusion areas, or within the protected zones of any onsite native trees. b. Any approved development, including grading or excavation, that encroaches into the protected zone of a native tree shall be constructed using only hand-held tools. c. The applicants shall retain the services of a qualified independent biological consultant or arborist, approved by the Community Development Director, to monitor native trees that are within or adjacent to the construction area.

35. Pursuant to LIP Section 5.6.1, where approved development encroaches into the root zone of native trees, each affected tree shall be monitored annually for a period of not less than ten years. An annual monitoring report shall be submitted for review by the City for each of the ten years. Should any of these trees be lost or suffer worsened health or vigor as a result of the proposed development, the applicant shall mitigate the impacts as required in LIP Section 5.5. If replacement plantings are required as mitigation, monitoring of the replacement trees shall be provided as required by LIP Section 5.6.2.

36. The driveway is to be constructed with water infiltration.

37. Exclusionary fencing around the protected zone is to be installed prior to the start of construction.

38. A certified arborist must be retained one year after construction to inspect for damages.

39. If long-term survival of the native tree is compromised, a Native Tree Replacement Planting Plan with a replacement ratio of 10:1 must be prepared.

40. Prior to final Planning inspection or other final project sign off (as applicable), the applicant shall submit to the Community Development Director for review and approval a certificate of completion in accordance with MMC Chapter 17.53. The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.

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

42. Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

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

44. Construction fencing shall be placed within five feet of the southern limits of grading.

Construction fencing shall be installed prior to the beginning of any construction and shall be maintained throughout the construction period to protect the site’s sensitive habitat areas.

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as described in the landscape and fuel modification plan. Failure to comply with the landscape conditions is a violation of the conditions of approval for this project.

46. All open areas not used for buildings, driveways, parking areas, or walkways shall be attractively landscaped and maintained in accordance with a landscape plan, with native plant species, to the satisfaction of the Community Development Director.

47. Native species of the Santa Monica Mountains, characteristic of the local habitat, shall be used on graded slopes or where slope plantings are required for slope stabilization, erosion control, and watershed protection. Plants should be selected to have a variety of rooting depths. A spacing of 15 feet between large woody (≥10-foot canopy) shrubs is recommended by the LACFD. Lawns are prohibited on slopes > 5 percent.

48. Slope planting measures such as contour planting and terracing or other techniques shall be incorporated on slopes to interrupt the flow and rate of surface runoff in order to prevent surface soil erosion.

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

50. Prior to a final plan check approval, the property owner /applicant must provide a landscape water use approval from the WD29.

51. Vegetation forming a view impermeable condition serving the same function as a fence or wall (also known as a hedge) located within the side or rear yard setback shall be maintained at or below a height of six feet. A hedge located within the front yard setback shall be maintained at or below a height of 42 inches. Three violations of this condition will result in a requirement to permanently remove the vegetation from the site.

52. Vegetation in excess of six feet in height shall not obstruct the primary view of existing residences located within a 1,000-foot radius at any given time (given consideration of its future growth).

53. Any site preparation activities, including removal of vegetation, between February 1 and September 15 will require nesting bird surveys by a qualified biologist at least five days prior to 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 nesting bird surveys shall be submitted to the City within two business days of completing the surveys.

54. Grading and/or demolition shall be scheduled only during the dry season from April 1 – October 31. If it becomes necessary to conduct grading activities from November 1 – March 31, a comprehensive erosion control plan shall be submitted for approval prior to issuance of a grading permit and implemented prior to initiation of vegetation removal and/or grading activities.
26 Resolution No. 26-17

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55. The use of wood chips and shredded rubber is prohibited anywhere on the site. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between 5 and 30 feet from the eave/overhang of a structure with limited application areas. Any mulch materials (excluding wood chips and shredded rubber) are allowed 30 feet or more from a structure with no limitation on application area.

56. New vegetation shall be situated so as not to obstruct the primary view from private property at any given time, given consideration for future growth.

57. Any night lighting required for safety shall be minimized. All night lighting shall be low intensity and shielded so it is directly downward and inward so that there is no offsite glare or lighting of natural habitat areas.

Fuel Modification

58. Prior to the issuance of final building permits, the project shall receive LACFD approval of a Final Fuel Modification Plan.

Public Works

59. 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, outlets, post-construction BMPs and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

Grading/Drainage/Hydrology

60. The grading associated with the proposed pool shall not exceed a total of 500 cubic yards, cut and fill and all

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

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d. Drainage improvements;
e. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
f. Methods of onsite percolation, site re-vegetation and an analysis for off-site project impacts;
g. Measures to treat and infiltrate runoff from impervious areas; 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 measure installed during construction prior to the issuance of grading or building permits; and
i. The WQMP shall be submitted to the Public Works Department 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. The WQMP shall be approved prior 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 Office of the Los Angeles County Recorder. A certified copy of the WQMP shall be submitted to the Public Works Department prior to the issuance of the certificate of occupancy.

63. 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; 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.
28 Resolution No. 26-17

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

Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
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 (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.

65. Prior to the approval of any permits and prior to the submittal of the required construction general permit document to the State Water Quality Control Board, the property owner / applicant shall submit the Public Works Department an Erosion and Sediment Control Plan (ESCP) for review. The ESCP shall contain appropriate site-specific construction site BMPs prepared and certified by a qualified SWPPP developer (QWD). All structural BMPs must be designed by a licensed California civil engineer. The ESCP must address the following elements:
a. Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside the disturbed area
b. Methods used to protect native vegetation and trees
c. Sediment / erosion control
d. Controls to prevent tracking on- and off-site
e. Non-stormwater control
f. Material management (delivery and storage)
g. Spill prevention and control
h. Waste management
i. Identification of site risk level as identified per the requirements in Appendix 1 of the Construction General Permit
j. Landowner must sign the following statement on the ESCP:
“I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that quality personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or 29 Resolution No. 26-17

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persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate and complete. I am aware that submitting false and/or inaccurate information, failing to properly and/or adequately implement the ESCP may result in revocation of grading and/or other permits or other sanctions provided by law.”

66. 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.

67. 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 the 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.

68. 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.

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

70. 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.

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

72. The developer’s consulting engineer shall sign the final plans prior to the issuance of permits.
30 Resolution No. 26-17

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Swimming Pool / Spa / Water Features

73. Onsite 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. 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, dibrominated 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 in to the MS4 or to the ASBS (including tributaries)

77. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

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. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

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

Geology

80. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City Geologist 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 consultant reviewers prior to the issuance of a grading permit.

81. Final plans approved by the City Geologist shall be in substantial conformance with the approved CDP relative to construction, grading, sewage disposal and drainage. Any substantial changes may require amendment of the CDP or a new CDP. 31 Resolution No. 26-17

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Prior to Final Sign-Off

82. The applicant shall request a final Community Development Department inspection prior to final inspection by the City of Malibu Environmental and Sustainability Department. A final approval shall not be issued until the Community Development Department has determined that the project complies with this CDP.

Water Quality / Water Service

83. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve Letter from WD29 to the Community Development Department indicating the ability of the property to receive adequate water service.

84. Prior to final inspection (or project sign off, as applicable) by the Community Development Department, the applicant shall demonstrate that all requirements of WD29 have been met, including installation of a meter, if applicable.

85. For projects including installation of a private water well, prior to final inspection (or project sign, as applicable) by the Building Safety Division, the applicant shall demonstrate that all requirements of WD29 have been met, including installation of a backflow prevention device.

Prior to Occupancy

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

87. The applicant shall request a final Community Development Department inspection prior to final inspection by the City of Malibu Building Safety Division. A Certificate of Occupancy shall not be issued until the Community Development 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 Community Development 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.

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 32 Resolution No. 26-17

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as an inherent risk to life and property. The property owner shall provide a copy of the recorded document to the Community Development Department prior to final planning approval.

Fixed Conditions

90. This CDP shall run with the land and bind all future owners of the property.

91. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.

SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED this 20th day of May 2026. __________________________________
BRUCE SILVERSTEIN, 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. 33 City of Malibu
23825 Stuart Ranch Road· Malibu, California · 90265-4861 Phone (3 10) 456-2489 • Fax (31 0) 456-3356 • www.malibucity.org

PLANNING DEPARTMENT

COASTAL DEVELOPMENT PERMIT

NOTICE OF APPEAL CHECKLIST

RECEIVED
MAR 1 2 2025
PLANNING DEPT.

Actions Subject to Local Appeal: Pursuant to Local Coastal Program (LCP) Local Implementation Plan (LIP) Section 13.20.1 (Local Appeals), a decision or any portion of the decision of the Planning Director may be appealed to the Planning Commission by an aggrieved person, and any decision of the Planning Commission may be appealed to the City Council by an aggrieved person.

Deadline and Fees: Pursuant to LIP Section 13.20.1, an appeal shall be filed with the City Clerk within 10 days following the date of action for which the appeal is made, as indicated in the decision. If the tenth day falls on a weekend or a City-recognized holiday, the deadline shall extend to the close of business at City Hall on the first business day (whether whole or partial) following the weekend or a City-recognized holiday. Appeals shall be accompanied by the filing fee of $750 as specified by the City Council.

To perfect an appeal, the form must be completed, together with all the necessary attachments, and must be timely received by the City Clerk either in person or by mail addressed to City of Malibu, Attn: City Clerk, 23825 Stuart Ranch Road, Malibu, CA 90265. For more information, contact Patricia Salazar, Development and Operations Manager, at (310) 456-2489, extension 245.

Part I. Project Information

1. What is the file number of the Coastal Development Permit you are appealing? Coastal Development Permit No. 22-009 and Site Plan Review No. 24-013

2. On what date was the decision made which you are appealing? March 3, 2025

3. Who made the decision you are appealing?
D Planning Director [i] Planning Commission

4. What is the address of the project site at issue?
24515 Vantage Point Terrace [APN: #4458-033-00SJ
Page I of4
P:\Fonns\COUNTER FORMS\PLN Appeal Checklist_ CDP _220518.docx Exhibit 2 34 Part II. Appeal Summary

1. Indicate your interest in the decision by checking the appropriate box.

D I am the Applicant for the project
!Kl I am the neighbor
D Other (describe)

2. If you are not the applicant, please indicant the applicant's name:
24515 Vantage Point Syndication, LLC

3. Indicate the nature of your appeal.
a) Are you appealing the !Kl approval or D the denial of the application or D a condition of approval?
b) Each approval is accompanied by a list of specific conditions. If you are appealing one or more of the conditions of approval, list the condition number and state the grounds for your appeal. (Attach extra sheets if necessary.)

4. Check the appropriate box(es) to indicate which of the following reasons forms the basis of your appeal:
00 The findings or conditions are not supported by the evidence, or the decision is not supported by the findings: or
D There was a lack of fair or impartial hearing: or
!Kl The decision was contrary to law.

You must next provide a specific statement in support of each of the bases for appeal that you have checked above. Appeals that are stated in generalities, legal or otherwise, are not adequate. (Attach extra sheets if necessary.) See attached "Justification for Appeal"

Page 2 ends

35 Each coastal development permitting decision made by the Planning Director or the Planning Commission is accompanied by written findings. The written findings set forth the basis for the decision. If you have checked the first box in this section as a ground for your appeal, you must indicate the specific finding(s) you disagree with and give specific reasons why you believe the finding(s) is/are not supported by the evidence or why the decision is not supported by the findings. Appeals stated in generalities, legal or otherwise, are not adequate. (Attach extra sheets if necessary.)
See attached "Justification for Appeal", Subs. Ill.

Part Ill. Appeal Checklist
ALL of the following must be timely filed to perfect an appeal.

1. 00 Completed Appeal Checklist (This form with appellant's signature)

2. l!J Appeal Fee $750
The appeal fee must be submitted in the form of a check or money order made payable to the City of Malibu. Cash will not be accepted.

3. lil Mailing Labels and Radius Maps for Public Notice to Property Owners and Occupants Public Notice of an appeal must conform to the manner in which the original notice was given. The notice radius for appealable CDPs and non-appealable CDPs that do not require a public hearing is 100 feet for property owners and residents. The notice radius for non-appealable CDPs that require a public hearing is 300 feet for property owners and 100 feet for residents.

The mailing labels and radius map must be certified by the preparer (a form is available at the public counter): certification may not be more than six months prior to the date of submittal; the radius map must be provided on an 8½" x 11" paper; the mailing labels must be printed on 8½" x 11" paper, 3 columns, 10 rows (e.g. Avery 5160).

Page3 of4
36 Part IV. Signature and Appellant Information
I hereby certify that the appeal submittal contains all of the above items. I understand that if any of the items are missing or otherwise deficient, the appeal is ineffective and the filing fee may be returned. IN ORDER TO PERFECT AN APPEAL, ALL APPEAL SUBMITTALS MUST BE COMPLETE BY THE DEADLINE. NO

EXTENSIONS WILL BE ALLOWED FOR APPELLANTS WHO ONLY PART/ALLY COMPLY WITH THESE REQUIREMENTS AS OF THE DEADLINE. IF AN APPEAL IS NOT PERFECTED BY THE DEADLINE, THE DECISION BECOMES FINAL.

Dr. Alistair Saeghi

PRINT APPELLANT'S NAME
APPELLANT'SSIA ~
Appellant's mailing address:

Appellant's email address:

OFFICE USE ONLY
Action Appealed: {) [0,V\l\i l\,i C, \w1,,•i 5 l ibn
' \ s Appeal Period: 3 L -
----

TELEPHONE NUMBER
3 / l 'l.. / '2. o 2. \
DATE '
~ l C) +
2,5
Date Appeal Form and required documents submitted: ...-.-.;;..+--'----=2 "--S=-___ Received by: lli])cna,rt Appeal Completion Date: 3 / I if i 5 by: (., ~t, 4J ru· ~hk (.<;c?tli trf- (Name, Title)
Page4 of4
37 Appeal Justification by Appellant LIJ re Project at 24515 Vantage Point Terrace IAPN: #4458-033--005] Coastal Development Permit No. 22-009 and Site Plan Review No. 24-013

JUSTIFICATION FOR APPEAL
(I) P ROJECT BACKGROUND
The Applicant 24515 Vantage Point Syndication, LLC ("Applicant") seeks to build a structure containing an abnormally large rooftop party deck that greatly diminishes his neighbors' privacy and views, fails to take fire precautions, and presents other risks to the community.

Specifically, the Applicant seeks a Coastal Development Permit and Site Plan Review to build an 18' tall, 3,963 square-foot residence with an attached 414 square-foot garage; the plans include a nearh 928-square foot roof deck and a swimming pool, and the project requires 3,032 cubic feet of remedial grading at 24515 Vantage Point Drive, Malibu, CA (the "Project"). Exhibit A shows the property.

On March 3, the Planning Commission (the "Commission") voted 4-1 to approve the Coastal Development Permit and Site Plan Review (collectively, the "Permit") for the Project.

The Appellant Dr. Alistair Saeghi ("Appellant") owns the adjacent lot to the north of the Project. Despite outreach and a request to do so, Applicant refused to discuss any proposed changes with Appellant prior to the March 3 Hearing.
(II) REASONS TO D ENY THE P ERMIT
The Commission erred in approving the Permit for several reasons:

1. Out of Scale, Oversize Roof Deck. The Project would result in a roof deck completely out of scale and character with developments in the vicinity. Its size and design directly threaten the privacy of surrounding properties. 1 Notably, the enormous rooftop patio creates intrusive viewing angles into Appellant's home. City staff failed to analyze surrounding properties and to inventory sizes of roof decks in the Overlay District. As set forth in greater detail, the review and approval of the Permit defies the objectives of the Malibu Country Estates Overlay District, the General Plan, and the Code.2

2. Failure to Consider Privacy. The Project as-is would result in in uncomfortably close views into the interior of Appellant's home, arising from minimal building-separation.' The proposed building envelope creates views at a close angle into a bedroom and living room area in Appellant's home. Given the presence of the existing structures, adhering 1 LIP § 13.27.5; LU Policy 2. 1.5 ["Consistent with the primary objective of protecting RP As, the City shall protect and preserve public and private ocean and mountain views, by striking an equitable balance between the right to reasonable use of one's property including the maintenance of privacy and the right to protection against unreasonable loss of views."]; MCC § l 7.62.040(A)(2) [Site Plan review requirements triggered by 3,000+ cubic yards ofremedial grading in Malibu Country Estates Overlay District]; MCC § 17.62.040(0). 2 MCC § 17.62.040 et seq. 3 Nov. 7, 2024 Staff Report, p. 3 ["However, given the five-foot side yard setback from the northern property line, the location of the proposed structure has the potential to cast shadows and create a 'looming' effect for the neighbor."]
38 to the minimum required setbacks fails to adequately safeguard privacy. The size of the home, which is 200 square feet larger than Dr. Saeghi's, and almost 2,000 square feet larger than the minimum size required, contributes to the privacy intrusion.

3. Failure to Consider View Rights. The Commission did not sufficiently consider the Project's impacts on views and privacy of Appellant's property and other surrounding properties, in violation of the Municipal Code and the policies and directives of City's General Plan.
4 Appellant himself will have direct, scenic views from his living room, yard, and other portions of his property compromised if the Permit is allowed to stand. The story poles have remained bent and in disrepair for the four months preceding this appeal, failing to adequately depict the silhouette of the proposed structures. This renders privacy determinations more difficult, including whether the Project affects public views from the Pacific Coast Highway.
5 Furthermore, at least one Commissioner
remarked on viewing angles that a seasonal view of the ocean exists, but the staffs review included no consideration of such ideas. The City's reviewers failed to select a primary view corridor for Appellant's home and the story poles were not maintained, either of which would have allowed verification of a properly calculated height, as required by the Local Implementation Plan and the "control point" for the Project site as defined in the Malibu Country Estates Declaration of Restrictions, recorded on August 28, 1972.6

4. Insufficient Fire Protection. Both the nature of the rooftop and the plans themselves create unnatural fire risks. The size of the rooftop encourages gathering of persons to engage in activities otherwise better :suitec.l for the outdoors - these include commonly performed activities such as smoking and grilling. If each person has 12 square feet, that means 77 persons can find themselves on the roof at any given time. Furthermore, members of the Commission noted that while the Fire Code required a five-foot-wide walkaround, they received information that actual measurements were only four feet on the steeper slope [based on story pole placement] without extending the existing grading pad; thus, the measurements did not match those shown on the plans. Also, the Fire Department did not verify required Fire Department vehicular access, including necessary width and grade, as it did with previous reviews of projects in the Malibu Country Estates Overlay District.

5. Absence of Certain Required Findings. The Project was subject to Site Plan Review requirements because of the 3,000+ cubic yards of remedial grading in this Overlay District.7 Certain findings, and others identified in the Site Plan Review standards, such as solar access effects, are conspicuously absent from the staff report, discussion, and resolution, as modified, adopting the project.
8 Furthermore, unlike previous similar
applications, the Staff did not define a primary viewing angle from Appellant's property 4 MMC§ 17.62.040(D)(4); MMC§ l 7.40.040(A)(l 7). 5 See LI P, Ch. 6 [Scenic, Visual, and Hillside Resources]. 6 LIP § 3.4.1 (D)(5)(ii) [ defining "control point" for purposes of measuring height in the Malibu Country Estate Overlay District where no structure exists on the lot]. 7 MCC § l 7.62.040(D). 8 City of Malibu Planning Resolution No. 25-02.

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39 so as to avoid obstruction of visually impressive scenes of the ocean, Santa Monica Mountains, canyons, valleys, or ravines.

6. Unusual Circumstances. The Commission wrongly granted an environmental clearance because the Project triggers the unusual circumstances exceptions to the CEQA Exemption it received. These circumstances at play include: (a) lack of development on the lot for 50 years; (b) recent fire activity in the area and unseasonable, excess rainfall and their effects on stability; (c) noise, lighting, and other impacts from a uniquely sizeable roof deck that can serve as a gathering space for a large number of individuals; (d) the site's situation in a landslide zone; (e) the massing of the large home and pool layout in proximity to the slope; and (f) the site's vicinity to John Tyler Drive and Pepperdine University. Collectively, these items constitute unusual circumstances. Thus, the finding of Categorical Exemption to CEQA is inappropriate.

7. Cumulative Impacts. The Commission wrongly granted an environmental clearance because it failed to account for the cumulative effect of development of just under 107 separate properties that make up the Malibu Country Estates Overlay District. Such can contribute to soil displacement and put stress on the hillside and the surrounding landslide and/ or liquefaction zones. Again, the CEQA exemption is inappropriate here.

8. Incorporation of all Concerns Raised at and Prior to Hearing. Appellant incorporates by reference all issues of concern raised at the hearing by Commissioners and any conespunJem:e :submitted prior to the hearing, including, without limitation all emails submitted by Appellant, the letter to the Commission on behalf of Appellant dated November 15, 2024, and the Visuals Accompanying Appellant's Presentation, submitted to the Commission on November 18, 2024.
(Ill) OBJECTIONS TO CDP AND SITE PLAN FINDINGS •
For the reasons outlined in the preceding Section II, Appellant objects to the following findings:

A-1. That the Project conforms to the Local Coastal Program in that it meets all applicable residential development standards;
A-2. That an alternative, smaller project would lessen the Project's potential significant adverse effects on the environment;
B-2. That the Project is compatible with other development in the adjacent area; B-3. That the Project is compatible with surrounding residences and will not result in negative impacts to existing public views;
D-3. That the Project, as conditioned, is the least environmentally damaging alternative; 0-4. That there are no alternatives that would avoid or substantially lessen impacts on sire stability or structural integrity; and
0-5. That no adverse impacts to sensitive resources are expected.

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40 (IV) CONCLUSION
Applicant could have simply sought a development of a single-story home that avoided the impact on Appellant's views [and privacy intrusion] by eliminating or reducing the roof deck and/ o r reducing the square footage or height of the home. Applicant did not offer alternative designs co Appellant co avoid obstructing views, and the City did not perform any meaningful analysis of view corridors from Appellant's or other surrounding properties. In addition to the environmental concerns articulated above, the City should also have considered the impacts of the necessary excavation and construction arising from the pool and other structures on the sensitive landslide areas comprising the land upon which the Project is located and adjacent land.

For the foregoing reasons, Appellant requests that the City Council reverse the approval of the Permit.

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41 Exhibit A
[Google Map Showing Subject Property with Annotations]

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42 CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25—02
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. 22-009 TO CONSTRUCT A NEW ONE—STORY. 3,963 SQUARE FOOT SINGLE—FAMILY RESIDENCE, INCLUDING AN ATTACHED 414 SQUARE FOOT GARAGE, NEW DRIVEWAY, SWIMMING POOL AND SPA, ROOF DECK, AND ASSOCIATED DEVELOPMENT; INCLUDING SITE PLAN REVIEW NO. 24- 013 FOR 3,032 CUBIC YARDS OF REMEDIAL GRADING LOCATED IN THE SINGLE-FAMILY MEDIUM DENSITY ZONE WITHIN AREA A OF THE MALIBU COUNTRY ESTATES OVERLAY DISTRICT AT 24515 VANTAGE POINT TERRACE (24515 VANTAGE POINT SYNDICATION, LLC) The Planning Commission 0f the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. On March 25 2022, an application for Coastal Development Permit (CDP) No. 22- 009 was submitted to the Planning Department by applicant, Amit Apel Design, Inc., on behalf of property owner, 24515 Vantage Point Syndication, LLC. The application was routed to the City geotechnical consultants, City Biologist, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29), and Los Angeles County Fire Department (LACFD) for rev1ew.

B. On July 7, 2023, Planning Depaitment staff conducted a site Visit to document site conditions, the property and surrounding area.

C. On August 7, 2023, a Notice of Coastal Development Permit Application was posted on the subj ect property.

E. On October 7, 2024, Planning Department staff conducted a site visit to assess concerns from the neighbor at 24523 Vantage Point Terrace. After the neighbor’s concerns were relayed to the applicant, the applicant requested the project be continued to the November 18, 2024 Planning Commission Public Hearing.

F. On October 21, 2024, the applicant confirmed the project would move forward as proposed, then later requested a continuance to consider neighborhood concerns about the project.

G. On October 21, 2024, the Planning Commission continued the item to the November 18, 2024 Regular Planning Commission meeting.

H. On November 18, 2024, the Planning Commission continued the item to the January 23, 2025 Regular Planning Commission meeting before the public hearing was opened to provide the applicant time to address additional public comments.

Exhibit 3
43 Resolution N0. 25—02

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I. On January 23. 2025, the item was continued to the February 3. 2025 Regular Planning Commission meeting due to the Palisades Fire.

J. On February 3, 2025, the Planning Commission continued the item to the February 18, 2025 Regular Planning Commission meeting due to the Palisades Fires.

K. On February l8, 2025, the Planning Commission continued the item to the March 3, 2025 Regular Planning Commission meeting to allow the applicant time to modify the roofdeck to address privacy concerns.

L. On March 3, 2025, the Planning Commission held a duly noticed public hearing on the subject application, reviewed and considered the staff report, reviewed and considered written reports, public testimony, and other information in the record.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission found that this project is listed among the classes of proj ects that have been determined not to have a significant adverse effect on the environment. Therefore, the proj ect is categorically exempt from the provisions ofCEQA 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 proj ect and the hearing on August 15, 2022, 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 analysis in the agenda report, incorporated herein, the findings of fact below, and approves CDP No. 22-009 to construct a new one-story, 3,963 square foot single—family residence, including an attached 414 square foot garage, new driveway, swimming pool and spa, roof deck, and associated development; including Site Plan Review (SPR) No. 24-013 for 3,032 cubic yards ofremedial grading located in the Single-Family Medium Density (SFM) zone within Area A of the Malibu Country Estates Overlay District at 24515 Vantage Point Terrace.

The project is consistent with the LCP’s zoning, grading, cultural resources. water quality, and wastewater treatment system standards requirements. The project is located in a subdivision that is served by Malibu Mesa Wastewater Treatment Plant; therefore, onsite wastewater treatment requirements do not apply. The proj ect, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project consists of the development of a single—family residential unit.

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B. Site Plan Review for Remedial Grading (LIP Chapter 13.275)

1. The project has been reviewed for all relevant policies and provisions ofthe Malibu LCP. Based on submitted geotechnical reports, visual impact analysis! and detailed site investigations, the project is consistent with all policies and provisions of the Malibu LCP.

2. The project is compatible with other development in the adjacent area in that the neighborhood is residentially developed. The remedial grading is required to properly prepare the building pad to support the weight of the proposed residence. The building pad was previously graded as part of the Malibu Country Estates subdivision project which took place over 40 years ago. Given the scope of the proposed remediation, the project is not expected to adversely affect neighborhood character since it will allow for the construction of a new one—story, single—family residence.

J.“ The subject property is sited within a developed residential neighborhood. The proposed project consists of the construction of a single-family residence that is compatible with the surrounding residences. The remedial grading will result in the creation of a building with an elevation that is consistent with the requirements of the Malibu Country Estates Overlay District.

It is not expected that the proposed project will result in negative impacts to existing public views.

4. The proposed project has received LCP conformance review from the City Biologist, City geotechnical consultant reviewers. and the City Public Works Department. The project must also be approved by the City of Malibu Building Safety Division, prior to issuance of City building permits. The proposed project complies with all applicable requirements of state and local law.

C. Native Tree Protection (LIP Chapter 5)

2. The project includes a driveway located within the native tree protected zone.

3. There are no other feasible alternatives to development that would substantially lessen any significant impact on the native tree.

D. Hazards (LIP Chapter 9)

1. The project consists of a single—family residential development. As proposed, the 45 Resolution N0. 25-02
Pag€ 4 of 17
project will meet the minimum width required by the Fire Department. The project will not result in potential adverse impacts on site stability or structural integrity. In addition, the record demonstrates that the project as proposed and conditioned will not impact stability of the site or structure integrity from geologic hazards. However, since the entire city limits of Malibu are located within a Very High Fire Hazard Severity zone, a condition is included in Section 5 ofthis resolution that requires the property owner to indemnify the City from any hazards associated with wildfire.

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

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

5. No adverse impacts to sensitive resources are expected.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record. the Planning Commission hereby approves CDP No. 22-009 and SPR No. 24-013. subject to the following conditions.

SECTION 5. Conditions of Approval.

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 0r 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.

2. Approval of this application is to allow for the project described herein. The scope ofwork approved includes:
a. Construction of a 3,963 square foot, one-story, single-family residence 18 feet in height, including a 414 square foot attached garage; Construction of a 928 square foot roof deck; New driveway, swimming pool. spa and associated equipment; and Grading and fencing less than six feet in height.

3. Subsequent submittals for this project shall be in substantial compliance with plans on—file with the Planning Department, date-stamped February 12, 2025. In the event the project plans conflict with any condition of approval, the condition shall take precedence. 46 Resolution N0. 25-02

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Pursuant to LIP Section 13.182, this permit and rights conferred in this approval shall not be effective until the property owner signs and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall flle this form with the Planning Department within 10 days of this decision and/or prior to issuance of any 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.

This CDP shall expire if the project has not commenced within three (3) years after issuance of the permit. 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. In the event of an appeal. the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

Any questions of intent or interpretation of any condition of approval 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 geotechnical consultants, City Public Works Department, WD29, 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 the 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 have been exhausted.

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

12. The property owner shall comply with all the provisions of the MMC and LIP.

13. Nothing left overnight on the proposed rooftop deck, including the rooftop planters, may exceed 18 feet in height as measured from the control point for the subject property of 105.17 feet above sea level.

Cullural Resources

14. 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 47 Resolution N0. 25-02

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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.

15. 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 of the coroner. If the coroner determines that the remains are those ofa 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.

Lighting
l6. Exterior lighting must comply with the Dark Sky Ordinance and 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.

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

18. 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. l9. 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. High intensity lighting ofthe shore is prohibited.

20. String lights are allowed in occupied dining and entertainment areas only and must not exceed 3.000 Kelvin.

21. Motion sensor lights shall be programmed to extinguish ten minutes after activation.

22. Night lighting on the roof deck must remain extinguished when not in use.

23. Three violations ofthe conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site. 48 Resolution N0. 25—02

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Fencing and Walls

24. The applicant shall include an elevation of the proposed electronic driveway gate on the architectural plans that are submitted for building plan check. The gate and all fencing along the front property line shall comply with the regulations set forth in LIP Section 3.5.

25. The height offences 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.

Construction/Framing

26. Prior to the commencement of work, the applicant shall submit a copy oftheir Construction Management Plan. The Construction Management Plan shall include a dedicated parking location for construction workers, not within the public right of way.

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

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

29. 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. ln addition, construction vehicles shall be covered when necessary; and their tires rinsed prior to leaving the property.

30. 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 Best Management Practices (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.

31. 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.
49 Resolution N0. 25-02

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32. For the transportation of heavy construction equipment and/or materialt which requires the use of oversized-transport vehicles on State highways. the applicant / property owner is required to obtain a transportation permit from the California Department of Transportation.

Biology/Landscaping

33. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides. herbicides, rodenticides or any other similar toxic chemical substances. shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife. Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non—chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources. and used for a limited time.

34. Drainage shall be directed away from all root zones of all native trees.

35. The following project construction measures shall be implemented:
a. Protective fencing shall be used around limits of the protected zones of the native trees within or adjacent to the construction area that may be disturbed during construction or grading activities. Before the commencement of any clearing, grading, or other construction activities, protective fencing shall be placed around each applicable tree. Fencing shall be maintained in place for the duration of all construction. No construction, grading, staging, or materials storage shall be allowed within the fenced exclusion areas, or within the protected zones of any ons1te native trees. b. Any approved development, including grading or excavation, that encroaches into the protected zone of a native tree shall be constructed using only hand-held tools. c. The applicants shall retain the services of a qualified independent biological consultant or arborist, approved by the Planning Director. to monitor native trees that are within or adj acent to the construction area.

36. Pursuant to LIP Section 5.6. 1 , where approved development encroaches into the root zone of native trees, each affected tree shall be monitored annually for a period of not less than ten years. An annual monitoring report shall be submitted for review by the City for each of the ten years. Should any of these trees be lost or suffer worsened health or vigor as a result of the proposed development, the applicant shall mitigate the impacts as required in section 5.5 of the Malibu LIP. If replacement plantings are required as mitigation, monitoring of the replacement trees shall be provided as required by Section 5.6.2 of the Malibu LIP.

37. The driveway is to be constructed with water infiltration.

38. Exclusionary fencing around the protected zone is to be installed prior to the start of construct1on.
50 Resolution N0. 25-02

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39. A certified arborist must be retained One year after construction to inspect for damages.

40. If long-term survival of the native tree is compromised, a Native Tree Replacement Planting Plan with a replacement ratio of 10:1 must be prepared.

41. 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 MMC Chapter 17.53. The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.

42. lnvasive plant species. as determined by the City ofMalibu, are prohibited.

Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

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

45. Construction fencing shall be placed within five feet of the southern limits of grading. Construction fencing shall be installed prior to the beginning of any construction and shall be maintained throughout the construction period to protect the site’s sensitive habitat areas.

46. The landscape and fuel modification plan has been conditioned to protect natural resources in accordance with the Local Coastal Program. All areas shall be planted and maintained as described in the landscape and fuel modification plan. Failure to comply with the landscape conditions is a violation of the conditions of approval for this project.

47. All open areas not used for buildings. driveways. parking areas, or walkways shall be attractively landscaped and maintained in accordance with a landscape plan. with native plant species. to the satisfaction ofthe Planning Director.

48. Native species of the Santa Monica Mountains, characteristic of the local habitat, shall be used on graded slopes or where slope plantings are required for slope stabilization, erosion control, and watershed protection. Plants should be selected to have a variety of rooting depths. A spacing of 15 feet between large woody (>10-foot canopy) shrubs is recommended by the LACFD. Lawns are prohibited on slopes > 5 percent.

49. Slope planting measures such as contour planting and terracing or other techniques shall be incorporated on slopes to interrupt the flow and rate ofsurface runoff in order to prevent surface soil erosion.

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

51. Prior to a final plan check approval, the property owner /applicant must provide a landscape water use approval from the Los Angeles County Waterworks District No. 29. 51 Resolution N0. 25-02

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52. Vegetation forming a View impermeable condition serving the same function as a fence or wall (also known as a hedge) located within the side or rear yard setback shall be maintained at or below a height of six feet. A hedge located within the front yard setback shall be maintained at or below a height of 42 inches. Three violations of this condition will result in a requirement to permanently remove the vegetation from the site.

53. Vegetation in excess of six feet in height shall not obstruct the primary view of existing residences located within a LOGO-foot radius at any given time (given consideration of its future growth).

54. Any site preparation activities. including removal of vegetation. between February l and September 15 will require nesting bird surveys by a qualified biologist at least five days prior to 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 nesting bird surveys shall be submitted to the City within two business days of completing the surveys.

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

56. The use of wood chips and shredded rubber is prohibited anywhere on the site. Flammable mulch material, including shredded bark, pine needles, and artificial turf, are prohibited between zero and five feet of a structure. Non-continuous use of flammable mulch (excluding wood chips and shredded rubber) is allowed between 5 and 30 feet from the eave/overhang of a structure with limited application areas. Any mulch materials (excluding wood chips and shredded rubber) are allowed 30 feet or more from a structure with no limitation on application area.

57. New vegetation shall be situated so as not to obstruct the primary view from private property at any given time, given consideration for future growth.

58. Any night lighting required for safety shall be minimized. All night lighting shall be low intensity and shielded so it is directly downward and inward so that there is no offsite glare or lighting of natural habitat areas.

Fuel Modification

59. Prior to the issuance of final building permits. the project shall receive LACFD approval ofa Final Fuel Modification Plan.

Public Works

60. 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
52 prior to the issuance of grading or building
Resolution N0. 25—02

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permits. The digital drawing shall adequately Show all storm drain lines, inlets” outlets, post-construction BMPs and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

Grading/Brainage/Hydmlogy

61. The grading associated with the proposed pool shall not exceed a total of500 cubic yards. cut and fill and all

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

63. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval of the Public Works Director. 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 QQMP 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:
a. Site Design Best Management Practices (BMPS): b. Source Control BMPs; c. Treatment Control BMPs that retain on—site Stormwater Quality Design Volume (SWQDv). Or where it is technically infeasible to retain on-site, the project must biofiltrate 1.5 times the SWQDv that is not retained on-site; Drainage improvements;
A plan for the maintenance and monitoring ofthe proposed treatment BMPs for the expected life of the structure;
Methods of onsite percolation, site re-vegetation and an analysis for off-site project 1mpacts; Measures to treat and infiltrate runoff from impervious areas; 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 measure installed during construction prior to the issuance of grading or building permits; and
The WQMP shall be submitted to the Public Works Department and the fee applicable at the time of submittal for review ofthe WQMP shall be paid prior to the start of the technical review. The WQMP shall be approved prior 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 Office ofthe Los Angeles County Recorder. A certified copy of the WQMP shall be submitted to the Public Works Department prior to the issuance of the certificate of occupancy.

64. 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;
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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; 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.

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

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.

66. Prior to the approval of any permits and prior to the submittal of the required construction general permit document to the State Water Quality Control Board, the property owner / applicant shall submit the Public Works Department an Erosion and Sediment Control Plan (ESCP) for review. The ESCP shall contain appropriate site—specific construction site Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
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
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BMPS prepared and certified by a qualified SWPPP develeper (QWD). All structural BMPs must be designed by a licensed California civil engineer. The ESCP must address the following elements:
a. Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside the disturbed area
Methods used to protect native vegetation and trees
Sediment / erosion control
Controls to prevent tracking on— and off—site
Non—stormwater control
Material management (delivery and storage)
Spill prevention and control
Waste management
Identification of site risk level as identified per the requirements in Appendix l of the Construction General Permit
j. Landowner must sign the following statement on the ESCP:

OO‘LTF‘QQO‘QV—
._..
“I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that quality personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate and complete. I am aware that submitting false and/or inaccurate information. failing to properly and/or adequately implement the ESCP may result in revocation of grading and/or other permits or other sanctions provided by law.”

67. 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.

68. 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 the 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 ofthe pie—development and post—development drainage of the site.

69. 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.

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shall be put into place t0 minimize erosion until grading resumes after March 31, unless the City determines that completion of grading would be more protective of resources.

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

71. 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.

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

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

Swimming Pool / Spa / Water Features

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

75. 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).

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

77. 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, dibrominated or if the water is disinfected usmg ozonation;
b. There are sufficient BMPs in place to prevent soil erosion; and c. The discharge does not reach in to the MS4 or to the ASBS (including tributaries)

78. Discharges not meeting the above—mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

79. 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. Prior to the issuance of any permits, the applicant shall indicate the method of disinfection and the method of discharging.

80. Pursuant to MMC Section 9.20.040(B), all ponds and decorative fountains shall require a water recirculating/recycling system.
56 Resolution N0. 25—02

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Geology

81. All recommendations of the consulting certified engineering geologist or geotechnical engineer and/or the City Geologist 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 consultant reviewers prior to the issuance of a grading permit.

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

Prior to Final Sign-Off

83. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Environmental and Sustainability Department. A final approval shall not be issued until the Planning Department has determined that the proj ect complies with this CDP.

Water Quality / Water Service

84. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve Letter from Los Angeles County Waterworks District No. 29 to the Planning Department indicating the ability of the property to receive adequate water service.

85. Prior to final inspection (or project sign off, as applicable) by the Planning Department, the applicant shall demonstrate that all requirements of Los Angeles County Waterworks District No. 29 have been met, including installation of a meter, if applicable.

86. For projects including installation of a private water well, prior to final inspection (or proj ect sign, as applicable) by the Building Safety Division, the applicant shall demonstrate that all requirements of Los Angeles County Waterworks District No. 29 have been met, including installation of a backflow prevention device.

Prior to Occupancy

87. 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.

88. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Building Safety Division. 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 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 permrt.
57 Resolution N0. 25-02

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89. 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

90. 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 ofthe 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 of the recorded document to the Planning Department prior to final planning approval.

Fixed Conditions

91. This coastal development permit shall run with the land and bind 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 there under.

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

PASSED, APPROVED AND ADOPTED this 3rd day of March 2025. 4/2)! l
SKVLAR AKt/Plannlfflg Commissmn Vlce Chan
i/
ATTEST
.a. Arm/mm R\EEECCA EVANS Recordlng S/cretaly
LOCAL APPEAL Pursuant to Local Coastal Program Local Implementation Plan (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 (3 10) 456-2489, ext. 246. 58 Resolution N0. 25-02

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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 1.12.01 O 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. 25—02 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 3rd day of March 2025 by the following vote:
i620PewQ REBECCA EVANS, Recording Secretary
AYES: 4 Commissioners: Mazza, Peak, Leonard, Riddick NOES: 1 Commissioner: Hill ABSTAIN: 0 ABSENT: 0
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Commission Agenda Report
To: Chair Hill and Members of the Planning Commission
Prepared by: Raneika Brooks, AICP, Principal Planner
Approved by: Maureen Tamuri, AIA, AICP, Interim Planning Director Date prepared: February 20, 2025 Meeting date: March 3, 2025 Subject: Coastal Development Permit No. 22-009 and Site Plan Review No. 24- 013 – An application for a new one-story, 3,963 square foot singlefamily residence, including an attached 414 square foot garage, new driveway, swimming pool and spa, roof deck and associated development; including a site plan review for 3,032 cubic yards of remedial grading (Continued from February 18, 2025)
Location: 24515 Vantage Point Terrace, not within the appealable coastal zone
APN: 4458-033-005
Owner: 24515 Vantage Point Syndication, LLC
RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 25-02 (Exhibit A) determining the project is categorically exempt from the California Environmental Quality Act (CEQA), and approving Coastal Development Permit (CDP) No. 22-009 to construct a new one-story, 3,963 square foot single-family residence, including an attached 414 square foot garage, new driveway, swimming pool and spa, roof deck, and associated development; including Site Plan Review (SPR) No. 24-013 for 3,032 cubic yards of remedial grading located in the Single-Family Medium Density (SFM) zone within Area A of the Malibu Country Estates Overlay District at 24515 Vantage Point Terrace (24515 Vantage Point Syndication, LLC).

DISCUSSION: This project was originally scheduled for the October 21, 2024 Regular Planning Commission meeting and was continued to the November 18, 2024 Regular Planning Commission meeting, at the request of the applicant, to consider neighborhood concerns about the project. The concerns were related to the project’s potential to cast shadows on the neighboring property and the potential invasion of privacy from use of the Planning Commission
Meeting
03-03-25
Item

4.B.

Exhibit 4
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roof deck. At the November 18, 2024 Regular Planning Commission meeting, this item was continued to the January 23, 2025 Regular Planning Commission meeting before the public hearing was opened, to provide the applicant additional time to address additional public comments.

Due to the Franklin and Palisades Fires, the project was continued to the February 3, 2025 Regular Planning Commission meeting and again to the February 18, 2025 Regular Planning Commission meeting. On February 18, 2025, the project was continued again to the March 3, 2025 Regular Planning Commission meeting to allow the applicant time to adjust the roof deck to address privacy concerns. Although the roof deck was reconfigured, the deck size remains the same as the original project which proposed a 928 square foot roof deck. The total area of the proposed roof is 5,258 square feet; thus, the proposed roof deck complies with Local Coastal Program (LCP) Local Implementation Plan (LIP) Section

3.4.1(D)(10) – Malibu Country Estates Overlay District, which limits portions of the proposed roof with an eight to one pitch and flatter to no more than 20 percent of the overall roof.

The modifications to the proposed roof deck include the removal of portions of the roof deck on the northside of the residence immediately adjacent to the concerned neighbor located north of the project site, the relocation of the exterior staircase from the northside of the residence to the interior of a courtyard area of the residence, and the addition of planters on the roof deck to further enhance privacy for the neighbors and roof deck users.

To ensure the project complies with the maximum height required for the site, Condition No. 13 has been added to the draft resolution to prohibit any furniture left overnight on the proposed rooftop deck and the rooftop planters from exceeding 18 feet in height. The original roof deck proposed for this project is provided in Figure 1 and the modified roof deck design is provided as Figure 2 and in the updated project plans are provided as Exhibit B.

The agenda report for the November 18, 2024 Regular Planning Commission meeting, which provides a project overview and summary of the surrounding land uses and project setting, description of the proposed project, an analysis of the proposed project’s consistency with LCP and Malibu Municipal Code (MMC) provisions and General Plan policies, and environmental review pursuant to CEQA, is provided as Exhibit C. Because the project modifications do not affect the project’s compliance with the LCP and MMC, all findings provided in the agenda report for the November 18, 2024 Regular Planning Commission meeting remain the same. Additional public correspondence received after the report was published is included as Exhibit D. This report provides a summary of issues raised by the concerned neighbor and staff’s responses.

Proposed Roof Deck and Privacy Concerns
Concerns were expressed that the flat portions of the roof do not comply with the development standards for the Malibu Country Estates Overlay District. As discussed 61

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above, the original and modified roof comply with this requirement. Although there are no development standards that specifically prohibit the invasion of privacy from proposed development there are references in the General Plan and MMC that encourage new public recreation facilities and the thinning and/or removal of landscaping to consider the privacy concerns for private property owners. Because the proposed project included a portion of the roof deck with exterior stair access that would potentially invade the concerned neighbor’s privacy located north of the project site, the project has been modified to address privacy concerns.

Figure 1 – Original Roof Plan
Source: Amit Apel Design, Inc. 2024
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Figure 2 – Updated Roof Plan
Source: Amit Apel Design, Inc. 2025
Primary View Protection
Concerns were raised regarding a significantly impressive primary view that would be obstructed by the proposed project pursuant to an SPR. There was a request to reduce the project’s mass to ensure the protection of a primary view and minimize the invasion of privacy.

The Malibu Country Estates Overlay District was established approximately 50 years ago at which time each parcel was graded and designated a building pad to create terraced views of the surrounding mountains and/or the Pacific Ocean. The elevation of each building pad has been documented, and owners are not permitted to alter the elevation of the building pad to maximize the protection of scenically impressive views. The proposed project complies with this requirement.

Planter
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The subject property is governed by the Malibu Country Estates Overlay District development standards which supersede the general residential development standards for height, setbacks, total development square footage (TDSF), etc. Although the properties within the overlay district are not afforded private primary view protection under SPR entitlement process, MMC Section 17.43.030 provide standards and a process for the protection of private scenically impressive views by requiring thinning and/or the removal of vegetation.

Pursuant to MMC Section 17.43.030, a primary view is defined as visually impressive scenes of the Pacific Ocean, offshore islands, the Santa Monica Mountains, canyons, valleys, or ravines as viewed from the primary view area. "Primary view" does not include a view of the sky, yards or structure interiors on neighboring properties, or vacant land that is developable under the zoning ordinance or the Local Coastal Program.

Staff conducted a site visit at the neighboring property in October 2024 to assess potential impacts to primary views. Standing on the adjoining deck as the neighbor’s primary viewing area, no visually impressive views were observed. However, the proposed residence, at any height, would obstruct views of a manufactured slope south of the project site on the Pepperdine Campus.

Regarding the massing of the proposed residence, the Malibu Country Estates Overlay District establishes a minimum TDSF of 2,000 square feet with no maximum. According to the Los Angeles County Assessor records, the proposed residence of 3,963 square feet is consistent with the existing development pattern of the area.

Slope Stability and Shoring Analysis
The neighbor contends that the geotechnical reports prepared for the project included slope stability analyses for the neighboring property and not for the subject site and that the project has not been reviewed for consistency with LIP Chapter 9 (Hazards). The neighbor also contends that the project should include a shoring analysis at this stage of the project given the proximity of existing improvements on the adjacent property. The geotechnical reports referenced in the City geotechnical consultant reviewers’ conceptual approval (Attachment 3 of Exhibit C) of the project affirms that the scope of the geotechnical analysis is limited to the project area depicted in the Geologic Map provided in Figure 3. Moreover, to provide a comprehensive analysis of the geotechnical hazards on a project site, the consulting geologists routinely include geological research for nearby properties, as was the case here.
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Figure 3 – Geologic Map of Onsite Investigation
Source: GeoConcepts, Inc.

The consulting geologist concluded, and the City geotechnical consultant reviewers concurred, that the project is consistent with all applicable codes and standards in the LCP and MMC from a geotechnical perspective. Although the conceptual approval from the City geotechnical consultant reviewers does not require the need for a shoring analysis during the plan check phase, several items related to the structural foundation setbacks from the descending slopes, retaining wall design, and the identification of additional recommendations for the project grading must be addressed during building plan check.

ESHA Determination
Concerns were expressed that the project should be subject to the Environmentally Sensitive Area (ESHA) Overlay development standards because of the documented presence of Mountain Lions, as a special protected species, on the Pepperdine University 65

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Campus located within 100 feet north of the project site. The City Biologist has reviewed this project and concluded that the portion of the Pepperdine University Campus near the project site includes a fully developed parking lot that is devoid of any habitat areas that contribute to the viability of plant or animal species that are designated or are candidates for listing as rare, threatened, or endangered under State or Federal law. Accordingly, the project is not subject to the ESHA development standards or review by the Environmental Review Board.

Environmental Review Under the CEQA
Concerns were expressed regarding the project’s potentially significant environmental impacts that warrant the preparation of an environmental impact report (EIR) under CEQA.

More specifically, concerns were raised regarding the potentially significant environmental impacts related the proximity of the project site to Pepperdine University where the presence of Mountain Lions has been documented, the cumulative impact of constructing a single-family residence near the high vehicular and pedestrian traffic associated with the university, the project’s location in a Very High Fire Hazard Severity zone, the landslide risks on the subject site that has been vacant for 50 years, and the proposed pool’s proximity to descending slopes on the east side of the property.

Under CEQA, single-family residences are generally exempt from the requirement to prepare an EIR. This is because such projects are typically considered to have a less significant environmental impact compared to larger, more complex developments.

Specifically, CEQA Guidelines Section 15303 exempts construction of one single-family residence or a second unit in a residential zone from requiring an EIR or other CEQA document, unless the project may have unusual or significant environmental impacts.

While the construction of a single-family residence is exempt from CEQA, there are exceptions to this exemption when development might cause significant adverse effects on the environment (e.g., severe traffic impacts, loss of cultural resources, etc.) None of these factors apply to the project in question and the requirement for an EIR is not triggered.

SUMMARY: The required findings can be made that the proposed 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 recommends approval of this project, subject to the conditions of approval contained in Section 9 (Conditions of Approval) of Planning Commission Resolution No. 25-02. The proposed project has been reviewed and conditionally approved for conformance with the LCP by Planning Department staff and appropriate City and County departments.
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EXHIBITS:

A. Planning Commission Resolution No. 25-02
B. Updated Project Plans
C. November 18, 2024 Regular Planning Commission Agenda Report

1. Planning Commission Resolution No. 24-46

2. Project Plans

3. Department Review Sheets

4. Public Correspondence

5. Public Hearing Notice
D. Public Correspondence
67 EXHIBIT A

CITY OF MALIBU PLANNING COMMISSION
RESOLUTION NO. 25-02

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. 22-009 TO
CONSTRUCT A NEW ONE-STORY, 3,963 SQUARE FOOT SINGLE-FAMILY RESIDENCE, INCLUDING AN ATTACHED 414 SQUARE FOOT GARAGE,

NEW DRIVEWAY, SWIMMING POOL AND SPA, ROOF DECK, AND
ASSOCIATED DEVELOPMENT; INCLUDING SITE PLAN REVIEW NO. 24- 013 FOR 3,032 CUBIC YARDS OF REMEDIAL GRADING LOCATED IN THE

SINGLE-FAMILY MEDIUM DENSITY ZONE WITHIN AREA A OF THE
MALIBU COUNTRY ESTATES OVERLAY DISTRICT AT 24515 VANTAGE POINT TERRACE (24515 VANTAGE POINT SYNDICATION, LLC)
The Planning Commission of the City of Malibu does hereby find, order, and resolve as follows:

SECTION 1. Recitals.

A. On March 2, 2022, an application for Coastal Development Permit (CDP) No. 22- 009 was submitted to the Planning Department by applicant, Amit Apel Design, Inc., on behalf of property owner, 24515 Vantage Point Syndication, LLC. The application was routed to the City geotechnical consultants, City Biologist, City Public Works Department, Los Angeles County Waterworks District No. 29 (WD29), and Los Angeles County Fire Department (LACFD) for review.

B. On July 7, 2023, Planning Department staff conducted a site visit to document site conditions, the property and surrounding area.

C. On August 7, 2023, a Notice of Coastal Development Permit Application was posted on the subject property.

F. On October 21, 2024, the applicant confirmed the project would move forward as proposed, then later requested a continuance to consider neighborhood concerns about the project.

G. On October 21, 2024, the Planning Commission continued the item to the November 18, 2024 Regular Planning Commission meeting.

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______________________
I. On January 23, 2025, the item was continued to the February 3, 2025 Regular Planning Commission meeting due to the Palisades Fire.

J. On February 3, 2025, the Planning Commission continued the item to the February 18, 2025 Regular Planning Commission meeting due to the Palisades Fires.

K. On February 18, 2025, the Planning Commission continued the item to the March 3, 2025 Regular Planning Commission meeting to allow the applicant time to modify the roof deck to address privacy concerns.

SECTION 2. Environmental Review.

Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission has analyzed the proposed project. The Planning Commission 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 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 August 15, 2022, 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 analysis in the agenda report, incorporated herein, the findings of fact below, and approves CDP No. 22-009 to construct a new one-story, 3,963 square foot single-family residence, including an attached 414 square foot garage, new driveway, swimming pool and spa, roof deck, and associated development; including Site Plan Review (SPR) No. 24-013 for 3,032 cubic yards of remedial grading located in the Single-Family Medium Density (SFM) zone within Area A of the Malibu Country Estates Overlay District at 24515 Vantage Point Terrace.

The project is consistent with the LCP’s zoning, grading, cultural resources, water quality, and wastewater treatment system standards requirements. The project is located in a subdivision that is served by Malibu Mesa Wastewater Treatment Plant; therefore, onsite wastewater treatment requirements do not apply. The project, as conditioned, has been determined to be consistent with all applicable LCP codes, standards, goals, and policies. The required findings are made herein.

A. General Coastal Development Permit (LIP Chapter 13)

1. The project consists of the development of a single-family residential unit.

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______________________

B. Site Plan Review for Remedial Grading (LIP Chapter 13.27.5)

1. The project has been reviewed for all relevant policies and provisions of the Malibu LCP. Based on submitted geotechnical reports, visual impact analysis, and detailed site investigations, the project is consistent with all policies and provisions of the Malibu LCP.

It is not expected that the proposed project will result in negative impacts to existing public views.

4. The proposed project has received LCP conformance review from the City Biologist, City geotechnical consultant reviewers, and the City Public Works Department. The project must also be approved by the City of Malibu Building Safety Division, prior to issuance of City building permits. The proposed project complies with all applicable requirements of state and local law.

C. Native Tree Protection (LIP Chapter 5)

2. The project includes a driveway located within the native tree protected zone.

3. There are no other feasible alternatives to development that would substantially lessen any significant impact on the native tree.

D. Hazards (LIP Chapter 9)

1. The project consists of a single-family residential development. As proposed, the DRAFT 70
Resolution No. 25-02

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______________________
project will meet the minimum width required by the Fire Department. The project will not result in potential adverse impacts on site stability or structural integrity. In addition, the record demonstrates that the project as proposed and conditioned will not impact stability of the site or structure integrity from geologic hazards. However, since the entire city limits of Malibu are located within a Very High Fire Hazard Severity zone, a condition is included in Section 5 of this resolution that requires the property owner to indemnify the City from any hazards associated with wildfire.

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

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

5. No adverse impacts to sensitive resources are expected.

SECTION 4. Planning Commission Action.

Based on the foregoing findings and evidence contained within the record, the Planning Commission hereby approves CDP No. 22-009 and SPR No. 24-013, subject to the following conditions.

SECTION 5. Conditions of Approval.

2. Approval of this application is to allow for the project described herein. The scope of work approved includes:
a. Construction of a 3,963 square foot, one-story, single-family residence 18 feet in height, including a 414 square foot attached garage;
b. Construction of a 928 square foot roof deck;
c. New driveway, swimming pool, spa and associated equipment; and d. Grading and fencing less than six feet in height.

3. Subsequent submittals for this project shall be in substantial compliance with plans on-file with the Planning Department, date-stamped February 12, 2025. In the event the project plans conflict with any condition of approval, the condition shall take precedence.

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______________________

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 and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the Planning Department within 10 days of this decision and/or prior to issuance of any development permits.

5. The applicant shall digitally submit a complete set of plans 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.

In the event of an appeal, the CDP shall expire if the project has not commenced within three years from the date the appeal is decided by the decision-making body or withdrawn by the appellant.

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 geotechnical consultants, City Public Works Department, WD29, 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 the 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 have been exhausted.

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

12. The property owner shall comply with all the provisions of the MMC and LIP.

Cultural Resources

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______________________
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.

Lighting

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

20. String lights are allowed in occupied dining and entertainment areas only and must not exceed 3,000 Kelvin.

21. Motion sensor lights shall be programmed to extinguish ten minutes after activation.

22. Three violations of the conditions by the same property owner will result in a requirement to permanently remove the outdoor light fixture(s) from the site.

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______________________
Fencing and Walls

24. 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.

Construction/Framing

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

29. 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 Best Management Practices (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.

30. 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.

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______________________

Biology/Landscaping

32. Except as permitted pursuant to the provisions in LUP policies 3.18 and 3.20, throughout the City of Malibu, development that involves the use of pesticides, including insecticides, herbicides, rodenticides or any other similar toxic chemical substances, shall be prohibited in cases where the application of such substances would have the potential to significantly degrade Environmentally Sensitive Habitat Areas or coastal water quality or harm wildlife.

Herbicides may be used for the eradication of invasive plant species or habitat restoration, but only if the use of non-chemical methods for prevention and management such as physical, mechanical, cultural, and biological controls are infeasible. Herbicides shall be restricted to the least toxic product and method, and to the maximum extent feasible, shall be biodegradable, derived from natural sources, and used for a limited time.

33. Drainage shall be directed away from all root zones of all native trees.

34. The following project construction measures shall be implemented:
a. Protective fencing shall be used around limits of the protected zones of the native trees within or adjacent to the construction area that may be disturbed during construction or grading activities. Before the commencement of any clearing, grading, or other construction activities, protective fencing shall be placed around each applicable tree. Fencing shall be maintained in place for the duration of all construction. No construction, grading, staging, or materials storage shall be allowed within the fenced exclusion areas, or within the protected zones of any onsite native trees. b. Any approved development, including grading or excavation, that encroaches into the protected zone of a native tree shall be constructed using only hand-held tools. c. The applicants shall retain the services of a qualified independent biological consultant or arborist, approved by the Planning Director, to monitor native trees that are within or adjacent to the construction area.

35. Pursuant to LIP Section 5.6.1, where approved development encroaches into the root zone of native trees, each affected tree shall be monitored annually for a period of not less than ten years. An annual monitoring report shall be submitted for review by the City for each of the ten years. Should any of these trees be lost or suffer worsened health or vigor as a result of the proposed development, the applicant shall mitigate the impacts as required in section 5.5 of the Malibu LIP. If replacement plantings are required as mitigation, monitoring of the replacement trees shall be provided as required by Section 5.6.2 of the Malibu LIP.

36. The driveway is to be constructed with water infiltration.

37. Exclusionary fencing around the protected zone is to be installed prior to the start of construction.

DRAFT 75
Resolution No. 25-02

Page 9 of 17 ends

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38. A certified arborist must be retained one year after construction to inspect for damages.

39. If long-term survival of the native tree is compromised, a Native Tree Replacement Planting Plan with a replacement ratio of 10:1 must be prepared.

40. 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 MMC Chapter 17.53. The certificate shall include the property owner’s signed acceptance of responsibility for maintaining the landscaping and irrigation in accordance with the approved plans and MMC Chapter 17.53.

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

42. Vegetation shall be situated on the property so as not to significantly obstruct the primary view from private property at any given time (given consideration of its future growth).

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

44. Construction fencing shall be placed within five feet of the southern limits of grading.

Construction fencing shall be installed prior to the beginning of any construction and shall be maintained throughout the construction period to protect the site’s sensitive habitat areas.

45. The landscape and fuel modification plan has been conditioned to protect natural resources in accordance with the Local Coastal Program. All areas shall be planted and maintained as described in the landscape and fuel modification plan. Failure to comply with the landscape conditions is a violation of the conditions of approval for this project.

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

50. Prior to a final plan check approval, the property owner /applicant must provide a landscape water use approval from the Los Angeles County Waterworks District No. 29.

DRAFT 76
Resolution No. 25-02

Page 10 of 17 ends

______________________

56. New vegetation shall be situated so as not to obstruct the primary view from private property at any given time, given consideration for future growth.

Fuel Modification

58. Prior to the issuance of final building permits, the project shall receive LACFD approval of a Final Fuel Modification Plan.

Public Works

Page 11 of 17 ends

______________________
post-construction BMPs and other applicable facilities. The digital drawing shall also show the subject property, public or private street, and any drainage easements.

Grading/Drainage/Hydrology

60. The grading associated with the proposed pool shall not exceed a total of 500 cubic yards, cut and fill and all

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

62. A Water Quality Mitigation Plan (WQMP) shall be submitted for review and approval of the Public Works Director. 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 QQMP 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:
a. Site Design Best Management Practices (BMPs):
b. Source Control BMPs;
c. Treatment Control BMPs that retain on-site Stormwater Quality Design Volume (SWQDv). Or where it is technically infeasible to retain on-site, the project must biofiltrate 1.5 times the SWQDv that is not retained on-site; d. Drainage improvements;
e. A plan for the maintenance and monitoring of the proposed treatment BMPs for the expected life of the structure;
f. Methods of onsite percolation, site re-vegetation and an analysis for off-site project impacts;
g. Measures to treat and infiltrate runoff from impervious areas; 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 measure installed during construction prior to the issuance of grading or building permits; and
i. The WQMP shall be submitted to the Public Works Department 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. The WQMP shall be approved prior 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 Office of the Los Angeles County Recorder. A certified copy of the WQMP shall be submitted to the Public Works Department prior to the issuance of the certificate of occupancy.

Page 12 of 17 ends

______________________
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; 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.

Erosion Controls Scheduling Erosion Controls Scheduling Preservation of Existing Vegetation
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 (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.

Page 13 of 17 ends

______________________
BMPs prepared and certified by a qualified SWPPP developer (QWD). All structural BMPs must be designed by a licensed California civil engineer. The ESCP must address the following elements:
a. Methods to minimize the footprint of the disturbed area and to prevent soil compaction outside the disturbed area
b. Methods used to protect native vegetation and trees
c. Sediment / erosion control
d. Controls to prevent tracking on- and off-site
e. Non-stormwater control
f. Material management (delivery and storage)
g. Spill prevention and control
h. Waste management
i. Identification of site risk level as identified per the requirements in Appendix 1 of the Construction General Permit
j. Landowner must sign the following statement on the ESCP:
“I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that quality personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate and complete. I am aware that submitting false and/or inaccurate information, failing to properly and/or adequately implement the ESCP may result in revocation of grading and/or other permits or other sanctions provided by law.”

66. 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.

Page 14 of 17 ends

______________________
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.

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

70. 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.

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

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

Swimming Pool / Spa / Water Features

73. Onsite 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.

77. Discharges not meeting the above-mentioned methods must be trucked to a Publicly Owned Wastewater Treatment Works.

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

DRAFT 81
Resolution No. 25-02

Page 15 of 17 ends

______________________
Geology

Prior to Final Sign-Off

82. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Environmental and Sustainability Department. A final approvalshall not be issued until the Planning Department has determined that the project complies with this CDP.

Water Quality / Water Service

83. Prior to the issuance of a building permit, the applicant shall submit an updated Will Serve Letter from Los Angeles County Waterworks District No. 29 to the Planning Department indicating the ability of the property to receive adequate water service.

84. Prior to final inspection (or project sign off, as applicable) by the Planning Department, the applicant shall demonstrate that all requirements of Los Angeles County Waterworks District No. 29 have been met, including installation of a meter, if applicable.

85. For projects including installation of a private water well, prior to final inspection (or project sign, as applicable) by the Building Safety Division, the applicant shall demonstrate that all requirements of Los Angeles County Waterworks District No. 29 have been met, including installation of a backflow prevention device.

Prior to Occupancy

86. 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.

87. The applicant shall request a final Planning Department inspection prior to final inspection by the City of Malibu Building Safety Division. 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.

DRAFT 82
Resolution No. 25-02

Page 16 of 17 ends

______________________

Deed Restrictions

Fixed Conditions

90. This coastal development permit shall run with the land and bind all future owners of the property.

91. Violation of any of the conditions of this approval may be cause for revocation of this permit and termination of all rights granted there under.

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

PASSED, APPROVED AND ADOPTED this 3rd day of March 2025. _______________________________________
KRAIG HILL, Planning Commission Chair
ATTEST:
____________________________________
REBECCA EVANS, Recording Secretary
LOCAL APPEAL Pursuant to Local Coastal Program Local Implementation Plan (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. 245.

DRAFT 83
Resolution No. 25-02

Page 17 of 17 ends

______________________
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. 25-02 was passed and adopted by the Planning Commission of the City of Malibu at the Regular meeting held on the 3rd day of March 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________________
REBECCA EVANS, Recording Secretary
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Page 1 of 16 ends

Malibu City CouncilMay 20, 2026

Malibu City Council
May 20, 2026