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All right. Well, uh, good evening

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everybody.

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Like to call to order the planning

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commission regular meeting of beautiful

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Monday, August 17th in California.

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meeting was held in both a hybrid format

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that allows members of the public to

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participate in person and remotely via

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Zoom technologically viable. Inerson

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participants, if you'd like to speak,

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please submit your request to speak form

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to the clerk before your item is called

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and only inerson participants may donate

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or accept donations of time. Remote

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participants, if you would like to

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speak, please join the Zoom meeting

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printed on the agenda and raise your

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hand in Zoom when the item you wish to

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comment on is called. Commissioners,

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when you have comments, raise your hand.

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Calling you in order and try to make it

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clear for the uh record in the public.

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Rebecca, may I please have a roll call?

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>> Commissioner Leonard

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>> here.

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>> Commissioner

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>> here.

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» I'm here.

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>> Thank you. Normally this pledge of

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allegiance

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May I please have a report on the

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posting of the agenda?

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>> The agenda for this meeting is properly

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posted on August 7th.

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>> Chairman,

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>> are you approve the agenda continuing

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item 4 to a date uncertain?

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>> That is correct.

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>> Do we have a second?

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>> I'll second it.

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We'll go for a roll call.

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» Yes. Commissioner

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» We have any public comments?

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Commissioners, any comments? One on

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Zoom.

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>> There's two raised hands on Zoom.

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>> Go ahead.

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» Sorry.

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» I am. We can we can hear you. Yes, we

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can.

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>> Okay.

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» It's coming up. You'll have to check

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back. What item is that?

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» Okay. 3B. So, put your arm up for 3B.

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>> Sorry. Sorry. Sorry. 5A.

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>> It's 5A. Just put your hand up for 5A.

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When that counts. Thank you.

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Sterling page.

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Sterling, are you there?

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Going once for Sterling. Going twice.

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All

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right, let's go to the next one.

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Sterling, if we missed you, you can

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raise your hand again. We'll call you

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again.

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>> Judy,

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you're unmuted.

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Judy

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on your

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freedom.

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Judy, I'm going to give you a warning

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right now that I need you to speak about

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things that are on topic regarding the

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planning commission, please. Thank you.

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very

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You jump in.

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Um,

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>> you're again you're again off topic.

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This is your second warning. So, let's

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try to stick to the topic and relating

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to the planning commission. Thank you.

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All right. If you're going to continue

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to be off topic, we're going to go to

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the next speaker. Thank you. Have a good

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evening.

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We can we can hear you.

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Wednesday morning

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contctor.

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after all.

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» Thank you, Joe.

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And congratulations.

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>> That is all.

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>> All right. Um, commissioners, any

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comments? Great.

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I had a question.

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>> Something came up conversation I had

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with Norm prior to the meeting. Um, when

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people do swimming pools, is there like

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a right to entry for the fire

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department? He was asking about draft hy

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» for rebuild or

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>> no just in general for swimming pools.

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There's some

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language that gives a wildfire situation

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to the fire department.

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>> Um, the fire department usually will

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with the owner when they do require um a

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draft hydrant. There's a rights event

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that they work out.

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>> I I think that what what Drew is asking

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is more in the immediiacy of disaster.

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Is that what you're saying?

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>> Yeah. And and the way you do it, Drew,

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is you get a Nox from the fire

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department and they once once they have

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a Nox block, they have permission to go

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in and they have the only key. You don't

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have to.

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I could be wrong. Maybe Kellen can chime

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in on this, but I believe the fire

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department has accessardless.

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» Generally, yes, they do.

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>> Thank you.

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Anybody else?

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All right, moving on to the community

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development director report. I don't

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know if we have anything this evening,

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Tyler,

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>> just a couple things and then we're also

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going to do our um monthly uh rebuild

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update if that's okay.

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Um, so on regular operations, just

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letting the public know that on

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September 11th, a new PE schedule comes

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into effect. That's for, uh, fiscal year

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2627. So they're not in effect right

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now. Typically, they go in effect July

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1st, but this year they're going into

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effect September 11th.

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And then we also want to remind folks

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that on the Woosey Fire rebuild front

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that November 9th is the deadline to

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obtain either your building permit or to

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submit uh your application for an

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extension. And these are only pertaining

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to um people who have a plan

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verification approval for a

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non-conforming rebuild for the fire.

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Just keep track of that. We're already

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in August, you can believe it, and

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November's right around the corner. And

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with that, I'm going to pass it to Lazal

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for our Palestate.

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Thank you, Tyler Barbie.

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» Good evening, chair and commissioner.

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I will be providing the numbers for the

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review statistics.

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So this chart is a visual breakdown of

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the part of the last slide showing the

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numbers of the projects currently are in

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planning and building and safety. So far

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we received the 275 application.

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[clears throat]

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From these 275 application, 232 they got

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their planning approvals, 44 they are

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still under planning review and 63 they

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are in plant check and we issue so far a

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nine permits.

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So this is the breakdown of the nature

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of the projects. So 71%age of the

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application receive it they are planning

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verification in kind and in kind plus

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10% with 8% uh in kind requiring

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administrative plan review or director

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administrative discretion request

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uh depend on the because of the height

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or also of the setbacks

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and 20% they require an additional RBPS

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for uh new supporting development for

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the seaw walls septic retaining walls

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and there is only four applications they

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are full cities

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so you can see that

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59%age of the permits they were issued

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and still have 41 percentage they are in

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their plan check review.

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So the last chart is just display the

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distribution of the application sorry of

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the permit issues by zone captains. So

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you can see the big uh the big u the big

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rock area has been the highest number of

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the permit issued which is the 37 and

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the next one is basically the Lacosta

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and car beach which is

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That's all I have. You have any

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questions? One thing that might be nice

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to see on that is the relative amount of

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those being issued versus the amount of

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houses or homes that were destroyed in

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those areas

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>> to see that sort of sort of I think that may be helpful for the public as

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well just to kind of gauge where we're

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at in relative to what was destroyed.

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And I would just add that um I think the

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community is very grateful and

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supportive of your guys efforts. Um, I

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think like the comment that Joe made

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earlier would be awesome for people to

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know that stuff up front when they come

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in. I know that maybe it's not presented

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in a way, hey, we want to do this pool

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as well or whatever, but and not to to

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bombard people with too much

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information, but I think that that's

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super helpful if we can try to get ahead

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of that to help people with their time

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processes. Um, anybody else have any

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questions or anything?

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» Thank you very much. Appreciate it.

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All right, we are now on consent. You

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Tyler, you didn't have anything to add,

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right? Okay,

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>> I move the consm.

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>> Uh, we had one person. Oh, no, that

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wasn't that was a different.

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All right. So, uh, do we need a roll

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call?

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if we have a second.

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» I think we have consensus. Anybody

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objecting? No. Everybody's in favor.

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>> All in favor? All in favor?

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Formula retail clearance number 26008

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formula retail waiver 26001 application

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for go

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center

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Good evening, Chair Peak and

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honorable members of the planning

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commission. Tonight we have before you

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an application for formula retail

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clearance and formula retail waiver for

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Greek yogurt located at in the park at

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Cross Creek shopping center.

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Go Greek Yogurt, a retail food service

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business, specializes in Greek style

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frozen yogurt, yogurt products, and

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related food items. Uh the spaces uh to

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occupy unit 2B within the park at Cross

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Creek Shopping Center located at 23401

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Civic Center Way.

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The application was submitted on March

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18th, 2026 as a standard planning

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clearance request for proposed Greek

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yogurt business occupying approximately

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650 square ft. On June 2nd, staff

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determined that the application needed

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to be processed as a formula retail

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clearance based on the nature of the

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proposed tenant. On July 16th, staff

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determined that the proposed 650 square

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formula retail use would cause the

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shopping center to exceed the 30% retail

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limit established by MMC section

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17.61.030

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B2. The applicant is therefore

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requesting a waiver under Malibu

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Municipal Code section 17.61.030D

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30 for the approximately 49 square ft

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that would exceed the 30% limit in the

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shopping center. The waiver does not

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apply to the entire 650 square foot

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tenant space.

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Staff compared the park acet commercial

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area to the surrounding shopping

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centers. Shown in blue is the total

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square footage of the shopping centers.

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As the graphic suggests, Cross Creek

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Ranch has significantly larger

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commercial area compared to the park at

279
00:26:15,600 --> 00:26:19,360
Cross Creek. Depicted in red is a 30%

280
00:26:19,360 --> 00:26:21,600
allowable formula retail per shopping

281
00:26:21,600 --> 00:26:25,510
center.

282
00:26:25,520 --> 00:26:27,760
Compared to Malibu Village, the allotted

283
00:26:27,760 --> 00:26:30,400
formula retail at the park across creek

284
00:26:30,400 --> 00:26:33,200
is significantly less. This is due to

285
00:26:33,200 --> 00:26:35,279
Whole Foods occupying more than half of

286
00:26:35,279 --> 00:26:39,909
the commercial space in the center.

287
00:26:39,919 --> 00:26:42,080
The shopping c center's total growth

288
00:26:42,080 --> 00:26:46,400
floor area is 38,188

289
00:26:46,400 --> 00:26:51,760
square ft. Whole Foods at 24,549

290
00:26:51,760 --> 00:26:54,240
square ft is exempt from the formula

291
00:26:54,240 --> 00:26:56,880
retail calculation. So it's subtracted

292
00:26:56,880 --> 00:27:00,000
out leaving 13,639

293
00:27:00,000 --> 00:27:03,120
square ft of gross floor area subject to

294
00:27:03,120 --> 00:27:06,960
the 30% cap. 4

295
00:27:06,960 --> 00:27:11,520
91.7 square ft is the maximum nonexempt

296
00:27:11,520 --> 00:27:14,000
formula retail floor area allowed in the

297
00:27:14,000 --> 00:27:17,360
center. Go Creek yogurt is proposed at

298
00:27:17,360 --> 00:27:21,520
650 ft. Adding this to the existing

299
00:27:21,520 --> 00:27:24,080
3,851

300
00:27:24,080 --> 00:27:28,000
square ft brings the total to 4,51

301
00:27:28,000 --> 00:27:30,480
square ft. Compared against the

302
00:27:30,480 --> 00:27:32,640
allowable cap, this exceeds the

303
00:27:32,640 --> 00:27:35,679
threshold by 409 square ft, which is

304
00:27:35,679 --> 00:27:38,000
precisely the waiver amount reference on

305
00:27:38,000 --> 00:27:40,799
the earlier slides. Without a waiver,

306
00:27:40,799 --> 00:27:43,600
the center would not comply and would

307
00:27:43,600 --> 00:27:46,159
exceed the 30% limit, which is why the

308
00:27:46,159 --> 00:27:52,870
applicant's request under MMC 17.61.030D

309
00:27:52,880 --> 00:27:56,960
is necessary to move forward.

310
00:27:56,960 --> 00:27:59,200
The applicant is requesting a waiver

311
00:27:59,200 --> 00:28:01,760
because the proposed 600 foot square

312
00:28:01,760 --> 00:28:03,840
formula retail use would cause the

313
00:28:03,840 --> 00:28:06,000
shopping center to exceed the 30%

314
00:28:06,000 --> 00:28:09,279
formula retail cap by approximately 409

315
00:28:09,279 --> 00:28:15,669
square ft. Under section 17.61.030D,

316
00:28:15,679 --> 00:28:17,600
the planning commission may grant a

317
00:28:17,600 --> 00:28:20,480
waiver when unusual circumstances create

318
00:28:20,480 --> 00:28:23,120
an undue hardship in complying with the

319
00:28:23,120 --> 00:28:26,240
formula retail standards. In that case,

320
00:28:26,240 --> 00:28:28,559
the waiver is limited to the amount

321
00:28:28,559 --> 00:28:30,399
necessary to accommodate the proposed

322
00:28:30,399 --> 00:28:32,880
tenant and does not wave the 4,000

323
00:28:32,880 --> 00:28:34,559
square foot size standard for the

324
00:28:34,559 --> 00:28:37,600
individual business. Staff analysis

325
00:28:37,600 --> 00:28:39,679
considers whether the proposed would

326
00:28:39,679 --> 00:28:41,520
remain compatible with the existing

327
00:28:41,520 --> 00:28:44,240
shopping center, surrounding areas, and

328
00:28:44,240 --> 00:28:46,960
the city's goal of maintaining the

329
00:28:46,960 --> 00:28:50,080
community character and ambiance. If the

330
00:28:50,080 --> 00:28:51,760
planning commission determines that the

331
00:28:51,760 --> 00:28:53,840
required findings are supported by

332
00:28:53,840 --> 00:28:56,320
substantial evidence, it may approve the

333
00:28:56,320 --> 00:28:58,640
waiver with appropriate conditions to

334
00:28:58,640 --> 00:29:01,360
ensure continued compatibility with the

335
00:29:01,360 --> 00:29:02,880
shopping center and surrounding

336
00:29:02,880 --> 00:29:06,630
community.

337
00:29:06,640 --> 00:29:09,520
Staff is recommending two actions, 1 A

338
00:29:09,520 --> 00:29:12,399
and 1 B.

339
00:29:12,399 --> 00:29:16,080
Adopt resolution number 26-40

340
00:29:16,080 --> 00:29:18,080
and determine the project is exempt from

341
00:29:18,080 --> 00:29:21,120
SQA and is approving formula retail

342
00:29:21,120 --> 00:29:24,880
number two 26-008

343
00:29:24,880 --> 00:29:29,200
and FRW number 26-00001

344
00:29:29,200 --> 00:29:31,279
or direct staff to return with a

345
00:29:31,279 --> 00:29:33,520
resolution consistent with the planning

346
00:29:33,520 --> 00:29:35,919
commission's decision.

347
00:29:35,919 --> 00:29:37,440
Staff and the applicant are available

348
00:29:37,440 --> 00:29:39,200
for questions.

349
00:29:39,200 --> 00:29:40,880
>> All right. Thank you very much. Does

350
00:29:40,880 --> 00:29:43,440
anybody have any disclosures?

351
00:29:43,440 --> 00:29:48,960
Okay. Uh this was retail orance

352
00:29:48,960 --> 00:29:51,679
originally an initiative

353
00:29:51,679 --> 00:29:53,600
put forward by the public. I worked on

354
00:29:53,600 --> 00:29:58,960
that initiative. Um it passed by 60%

355
00:29:58,960 --> 00:30:01,600
and uh involves

356
00:30:01,600 --> 00:30:04,480
considerable expense by Robin half

357
00:30:04,480 --> 00:30:15,110
million dollar

358
00:30:15,120 --> 00:30:24,630
earlier today.

359
00:30:24,640 --> 00:30:32,870
All right.

360
00:30:32,880 --> 00:30:34,080
Do you want questions now or you want to

361
00:30:34,080 --> 00:30:36,880
go to public comment first?

362
00:30:36,880 --> 00:30:38,880
We have one on Zoom, I believe. And I

363
00:30:38,880 --> 00:30:42,559
don't know any other

364
00:30:42,559 --> 00:30:46,080
Oh, yeah. Let's start with the

365
00:30:46,080 --> 00:30:47,200
question.

366
00:30:47,200 --> 00:30:47,840
>> No.

367
00:30:47,840 --> 00:30:50,000
>> Okay.

368
00:30:50,000 --> 00:30:51,200
Unless you have a question that you want

369
00:30:51,200 --> 00:30:53,679
to do before.

370
00:30:53,679 --> 00:30:56,870
Okay.

371
00:30:56,880 --> 00:31:00,799
» Um, it says gold, but it's not there

372
00:31:00,799 --> 00:31:04,310
yet.

373
00:31:04,320 --> 00:31:06,480
» There's other stores that made it for

374
00:31:06,480 --> 00:31:08,080
retail. So, when it first applied, it

375
00:31:08,080 --> 00:31:11,440
wasn't, and now it is.

376
00:31:11,440 --> 00:31:13,760
>> No, I'm saying since gold store is not

377
00:31:13,760 --> 00:31:17,760
there, how is it counting towards the

378
00:31:17,760 --> 00:31:22,630
square footage

379
00:31:22,640 --> 00:31:26,480
of of retail of this formula retail.

380
00:31:26,480 --> 00:31:27,919
>> Well, I think the question is, is Gold

381
00:31:27,919 --> 00:31:29,760
Union there? Yes or no? Or do you not

382
00:31:29,760 --> 00:31:30,559
know?

383
00:31:30,559 --> 00:31:32,000
>> It's not open yet. Correct.

384
00:31:32,000 --> 00:31:33,520
>> Okay.

385
00:31:33,520 --> 00:31:35,840
>> So, it's formula retail not including it

386
00:31:35,840 --> 00:31:36,880
not being open yet.

387
00:31:36,880 --> 00:31:38,000
>> Got it.

388
00:31:38,000 --> 00:31:39,679
>> Okay. They they have approvals from the

389
00:31:39,679 --> 00:31:41,760
city though. So, we include them as part

390
00:31:41,760 --> 00:31:46,470
of that.

391
00:31:46,480 --> 00:31:49,200
» Correct.

392
00:31:49,200 --> 00:31:54,230
>> Any other clarifying questions?

393
00:31:54,240 --> 00:31:59,430
the this is was an ordinance

394
00:31:59,440 --> 00:32:03,440
we are allowed to give a variance

395
00:32:03,440 --> 00:32:05,679
unusual circumstances we have a letter

396
00:32:05,679 --> 00:32:07,360
from

397
00:32:07,360 --> 00:32:09,519
saying the unusual basically unusual

398
00:32:09,519 --> 00:32:12,240
circumstances they go over the limit

399
00:32:12,240 --> 00:32:13,919
there's no other reason put in their

400
00:32:13,919 --> 00:32:17,279
letter that's unusual

401
00:32:17,279 --> 00:32:21,669
is that

402
00:32:21,679 --> 00:32:27,430
If I want to build

403
00:32:27,440 --> 00:32:28,720
to be clear, this is a waiver, not a

404
00:32:28,720 --> 00:32:30,000
variance. They do have legal

405
00:32:30,000 --> 00:32:31,039
differences.

406
00:32:31,039 --> 00:32:41,029
>> I get a waiver

407
00:32:41,039 --> 00:32:47,029
because I'm over the limit.

408
00:32:47,039 --> 00:32:48,080
One of the points you have to make is

409
00:32:48,080 --> 00:32:49,360
that

410
00:32:49,360 --> 00:32:50,880
Okay.

411
00:32:50,880 --> 00:32:52,559
So, I hope everybody read this

412
00:32:52,559 --> 00:32:57,509
letter. There is no hardship.

413
00:32:57,519 --> 00:33:01,519
The other thing in your presentation

414
00:33:01,519 --> 00:33:04,159
you compared this to other shopping I

415
00:33:04,159 --> 00:33:11,110
understand the

416
00:33:11,120 --> 00:33:25,830
shopping center%

417
00:33:25,840 --> 00:33:29,519
So there

418
00:33:29,519 --> 00:33:37,909
other shopping centers.

419
00:33:37,919 --> 00:33:39,760
» Uh part of the reason for the comparison

420
00:33:39,760 --> 00:33:41,600
is the fact that this shopping center

421
00:33:41,600 --> 00:33:43,600
has the whole foods which takes up a lot

422
00:33:43,600 --> 00:33:46,799
of the retail space compared to other

423
00:33:46,799 --> 00:33:48,399
centers that don't have that.

424
00:33:48,399 --> 00:33:50,880
>> And is there a reason why that would

425
00:33:50,880 --> 00:33:56,070
change anything?

426
00:33:56,080 --> 00:33:58,480
to show you.

427
00:33:58,480 --> 00:34:02,799
>> And then my third question is

428
00:34:02,799 --> 00:34:06,799
they are asking for the ability to go.

429
00:34:06,799 --> 00:34:12,950
Well, first question is shopping center.

430
00:34:12,960 --> 00:34:15,200
This shopping center already has seven

431
00:34:15,200 --> 00:34:23,270
restaurants not

432
00:34:23,280 --> 00:34:28,470
small.

433
00:34:28,480 --> 00:34:29,760
It just depends on what you call

434
00:34:29,760 --> 00:34:31,760
diversification, right? It's a form of

435
00:34:31,760 --> 00:34:34,639
retail. So, you know, is there any other

436
00:34:34,639 --> 00:34:36,800
yogurt place in that shopping center?

437
00:34:36,800 --> 00:34:43,909
So, I think

438
00:34:43,919 --> 00:34:46,879
» the other the last question is you gave

439
00:34:46,879 --> 00:34:52,560
us the numbers, but when you look at 400

440
00:34:52,560 --> 00:34:59,670
4

441
00:34:59,680 --> 00:35:02,400
whatever it is% of what's so the

442
00:35:02,400 --> 00:35:04,720
ordinance says you can have 30% and

443
00:35:04,720 --> 00:35:12,870
we're being asked to do a w%

444
00:35:12,880 --> 00:35:21,430
of what's

445
00:35:21,440 --> 00:35:25,440
the whole foods area from the gross

446
00:35:25,440 --> 00:35:29,910
right

447
00:35:29,920 --> 00:35:31,599
what you're saying is

448
00:35:31,599 --> 00:35:41,349
>> 10% of the remainder

449
00:35:41,359 --> 00:35:44,880
» um I have a question which is so there's

450
00:35:44,880 --> 00:35:47,359
a note on there for Prince Street and

451
00:35:47,359 --> 00:35:55,520
Herbs that while those all occupy that only um

452
00:35:55,520 --> 00:35:57,680
uh

453
00:35:57,680 --> 00:36:00,400
Prince Street is the one that's the form

454
00:36:00,400 --> 00:36:02,720
of the retail. Did you just calculate

455
00:36:02,720 --> 00:36:04,400
the square footage for Prince Street

456
00:36:04,400 --> 00:36:06,240
Pizza or did you calculate the square

457
00:36:06,240 --> 00:36:08,480
footage for Prince Street Herbs and the

458
00:36:08,480 --> 00:36:09,040
bar?

459
00:36:09,040 --> 00:36:10,400
>> I I took out the

460
00:36:10,400 --> 00:36:11,760
>> You took out the other ones. Okay. I

461
00:36:11,760 --> 00:36:13,920
just wanted to clarify that. Thank you.

462
00:36:13,920 --> 00:36:16,240
Um All right. Can we go to the uh

463
00:36:16,240 --> 00:36:20,000
applicant? Everybody good? Nothing else?

464
00:36:20,000 --> 00:36:22,960
Um Joe,

465
00:36:22,960 --> 00:36:25,440
you have 15 minutes.

466
00:36:25,440 --> 00:36:27,119
I don't know if you want to reserve any

467
00:36:27,119 --> 00:36:30,640
time or not. You can now or you can just

468
00:36:30,640 --> 00:36:32,079
go and do whatever you like.

469
00:36:32,079 --> 00:36:32,960
>> Okay, just go.

470
00:36:32,960 --> 00:36:34,720
>> Yeah. So, uh good evening,

471
00:36:34,720 --> 00:36:36,160
Commissioners. I'm Michael Robin. I'm

472
00:36:36,160 --> 00:36:38,000
the I'm the architect also the

473
00:36:38,000 --> 00:36:41,440
applicant. Thanks for considering this

474
00:36:41,440 --> 00:36:45,280
um issue. Um we also have representative

475
00:36:45,280 --> 00:36:51,349
for the property owner and actually

476
00:36:51,359 --> 00:36:54,560
I wanted to first of all there's a I

477
00:36:54,560 --> 00:36:56,160
think there's maybe an error in square

478
00:36:56,160 --> 00:36:58,400
footage. I think what you had provided

479
00:36:58,400 --> 00:37:02,640
to us before was we were 210 over that

480
00:37:02,640 --> 00:37:04,079
can you clarify that?

481
00:37:04,079 --> 00:37:06,720
>> We were trying to find square footage um

482
00:37:06,720 --> 00:37:08,800
to

483
00:37:08,800 --> 00:37:10,720
help you out. I guess we've looked at

484
00:37:10,720 --> 00:37:12,880
the plan for the square footage. So ours

485
00:37:12,880 --> 00:37:14,720
are based on plans that we have with the

486
00:37:14,720 --> 00:37:16,400
record with the city.

487
00:37:16,400 --> 00:37:18,800
>> That's just the last document that you

488
00:37:18,800 --> 00:37:22,790
two

489
00:37:22,800 --> 00:37:26,400
» that's because gold is now for retail.

490
00:37:26,400 --> 00:37:28,800
So the square footage change between

491
00:37:28,800 --> 00:37:32,160
gold and I believe the cleaners.

492
00:37:32,160 --> 00:37:35,520
>> Right. So I wanted to reiterate the

493
00:37:35,520 --> 00:37:37,839
disadvantage that our center has because

494
00:37:37,839 --> 00:37:39,200
of

495
00:37:39,200 --> 00:37:42,079
Hopefully this picks up 64% of the

496
00:37:42,079 --> 00:37:44,400
center which allows the center to have

497
00:37:44,400 --> 00:37:47,520
only 4,000 square feet of retail formula

498
00:37:47,520 --> 00:37:51,680
retail. Um obviously if it was if it was

499
00:37:51,680 --> 00:37:53,920
not exact we would have a larger

500
00:37:53,920 --> 00:37:57,520
proportion available but as only 4,000

501
00:37:57,520 --> 00:37:59,920
of

502
00:37:59,920 --> 00:38:02,880
that our space is only 650.

503
00:38:02,880 --> 00:38:05,440
It's a restaurant but really it's

504
00:38:05,440 --> 00:38:08,480
retail. I mean it's not You don't go in

505
00:38:08,480 --> 00:38:09,839
sit down. There's not chairs on the

506
00:38:09,839 --> 00:38:17,349
interior. It's really you take something

507
00:38:17,359 --> 00:38:19,280
but we still have to have all the health

508
00:38:19,280 --> 00:38:21,280
department

509
00:38:21,280 --> 00:38:23,920
storage and walk

510
00:38:23,920 --> 00:38:33,190
and all that stuff. So what it does

511
00:38:33,200 --> 00:38:36,310
183

512
00:38:36,320 --> 00:38:38,400
really The way I look at it, we're

513
00:38:38,400 --> 00:38:41,200
asking for 183

514
00:38:41,200 --> 00:38:46,390
of formula retail

515
00:38:46,400 --> 00:38:49,520
talk about

516
00:38:49,520 --> 00:38:51,040
comparing it with other centers which I

517
00:38:51,040 --> 00:38:52,480
think is sort of interesting because

518
00:38:52,480 --> 00:38:54,400
everything is connected. Everyone's

519
00:38:54,400 --> 00:38:57,839
going center to center. So if you would

520
00:38:57,839 --> 00:39:01,040
consider that a connected

521
00:39:01,040 --> 00:39:03,680
overall center, I think that it averages

522
00:39:03,680 --> 00:39:06,640
out like 17.8%

523
00:39:06,640 --> 00:39:09,440
I got from

524
00:39:09,440 --> 00:39:13,119
retail which is a lot less than 30%.

525
00:39:13,119 --> 00:39:16,160
And if we added ours in I think we I

526
00:39:16,160 --> 00:39:18,960
think it's only one and a half% increase

527
00:39:18,960 --> 00:39:21,119
in our in our retail. So it's pretty min

528
00:39:21,119 --> 00:39:24,480
it's pretty minimal. Um

529
00:39:24,480 --> 00:39:27,599
but anyway, I just I just wanted to to

530
00:39:27,599 --> 00:39:31,520
talk about those things and property get

531
00:39:31,520 --> 00:39:35,119
messy to talk about from a property of

532
00:39:35,119 --> 00:39:47,750
actually appreciate your time.

533
00:39:47,760 --> 00:39:52,560
» Like I represent the agent for

534
00:39:52,560 --> 00:39:56,079
center and we submitted a letter kind of

535
00:39:56,079 --> 00:39:58,800
outlining our position and our request

536
00:39:58,800 --> 00:40:01,760
for consideration of this. Um in our

537
00:40:01,760 --> 00:40:05,440
letter we specified that currently we

538
00:40:05,440 --> 00:40:08,720
have Tesla um at our shopping center and

539
00:40:08,720 --> 00:40:11,520
although they reached out to us about 18

540
00:40:11,520 --> 00:40:12,960
months ago for an early lease

541
00:40:12,960 --> 00:40:15,200
termination we weren't we didn't get

542
00:40:15,200 --> 00:40:17,760
anywhere but we do believe that if and

543
00:40:17,760 --> 00:40:23,040
when is coming um next April of 2028

544
00:40:23,040 --> 00:40:26,079
that they will most likely not renew and

545
00:40:26,079 --> 00:40:28,880
landlord market center we are committed

546
00:40:28,880 --> 00:40:32,160
in good faith If that does happen, we

547
00:40:32,160 --> 00:40:34,640
will either do a space division two

548
00:40:34,640 --> 00:40:38,560
spaces with a 500 foot minimum and we

549
00:40:38,560 --> 00:40:43,200
are committing to 50% not using it for

550
00:40:43,200 --> 00:40:45,280
formula retail and the balance of it

551
00:40:45,280 --> 00:40:48,480
formula retail. Um so we really think

552
00:40:48,480 --> 00:40:50,480
that you know in good faith we would be

553
00:40:50,480 --> 00:40:52,400
willing to commit to that proactively

554
00:40:52,400 --> 00:40:54,800
and full transparency. We do have a call

555
00:40:54,800 --> 00:40:57,280
with tomorrow. They reached out to us

556
00:40:57,280 --> 00:41:00,079
already. So we have everything to

557
00:41:00,079 --> 00:41:01,520
believe that we're going to be in

558
00:41:01,520 --> 00:41:04,240
position very shortly to get more

559
00:41:04,240 --> 00:41:06,880
footage.

560
00:41:06,880 --> 00:41:09,280
So, I just wanted to make sure that you

561
00:41:09,280 --> 00:41:12,079
guys had a moment to hear from us as the

562
00:41:12,079 --> 00:41:15,680
agent and the landlord. And again, we

563
00:41:15,680 --> 00:41:18,720
would consider you guys approving this

564
00:41:18,720 --> 00:41:33,349
in good faith and I'll

565
00:41:33,359 --> 00:41:35,599
Good evening, commissioners. My name is

566
00:41:35,599 --> 00:41:37,599
Joe Miguel and I oversee the

567
00:41:37,599 --> 00:41:39,359
construction and development of

568
00:41:39,359 --> 00:41:42,400
Gilbert's locations. Before I begin, I'd

569
00:41:42,400 --> 00:41:43,839
like to give you a little background on

570
00:41:43,839 --> 00:41:46,240
my connection to the company. Creek

571
00:41:46,240 --> 00:41:49,839
Yogurt is owned led by David and Sabot,

572
00:41:49,839 --> 00:41:51,760
a husband and wife team who remain

573
00:41:51,760 --> 00:41:54,800
personally involved in the and grow of

574
00:41:54,800 --> 00:41:57,599
the business. Tanya is my daughter and

575
00:41:57,599 --> 00:42:00,640
David is my son-in-law. So when I

576
00:42:00,640 --> 00:42:02,880
describe Creek

577
00:42:02,880 --> 00:42:05,599
as a family oriented and owner operated

578
00:42:05,599 --> 00:42:07,440
business, I'm speaking from personal

579
00:42:07,440 --> 00:42:08,960
experience.

580
00:42:08,960 --> 00:42:11,839
Michael and uh Mitsy have addressed the

581
00:42:11,839 --> 00:42:13,760
technical aspects of the application. So

582
00:42:13,760 --> 00:42:15,920
I don't want to repeat the numbers and

583
00:42:15,920 --> 00:42:17,440
go back to information you've already

584
00:42:17,440 --> 00:42:19,440
heard. Instead, I'd like to give you

585
00:42:19,440 --> 00:42:22,400
some perspective on who go Greek

586
00:42:22,400 --> 00:42:26,160
actually is and behind the company. Go

587
00:42:26,160 --> 00:42:27,920
did not begin as a large corporate

588
00:42:27,920 --> 00:42:30,960
chain. It started as an entrepreneurial

589
00:42:30,960 --> 00:42:33,040
owner driven business and has grown over

590
00:42:33,040 --> 00:42:37,760
time because of the concept has been successful. I've

591
00:42:37,760 --> 00:42:40,079
watched that grow personally and despite

592
00:42:40,079 --> 00:42:42,319
the growth, the way the company operates

593
00:42:42,319 --> 00:42:45,119
really hasn't changed. Dave and Tanya

594
00:42:45,119 --> 00:42:47,040
remain directly involved in the business

595
00:42:47,040 --> 00:42:49,040
and the decisions surrounding the

596
00:42:49,040 --> 00:42:51,520
stores. As the company has grown, I

597
00:42:51,520 --> 00:42:53,280
became directly involved to the

598
00:42:53,280 --> 00:42:54,800
construction development of our

599
00:42:54,800 --> 00:42:56,480
locations.

600
00:42:56,480 --> 00:42:58,720
We work together closely. There isn't a

601
00:42:58,720 --> 00:43:00,560
large corporate development department

602
00:43:00,560 --> 00:43:03,040
or layers of management making these

603
00:43:03,040 --> 00:43:04,960
decisions for us. The owners and the

604
00:43:04,960 --> 00:43:07,760
family are directly involved.

605
00:43:07,760 --> 00:43:10,240
We fully understand that because of the

606
00:43:10,240 --> 00:43:12,800
number of locations Go now operates, we

607
00:43:12,800 --> 00:43:14,800
meet the city's definition of formula

608
00:43:14,800 --> 00:43:18,079
retail. We're not disputing that at all.

609
00:43:18,079 --> 00:43:19,599
But I think there's an important

610
00:43:19,599 --> 00:43:21,119
distinction between meeting the

611
00:43:21,119 --> 00:43:24,400
technical definition of retail and being

612
00:43:24,400 --> 00:43:26,400
the type of large multinational

613
00:43:26,400 --> 00:43:28,560
corporation that people often associate

614
00:43:28,560 --> 00:43:32,560
with that term growth hasn't changed

615
00:43:32,560 --> 00:43:35,440
Greek yogurt is it remains a closely

616
00:43:35,440 --> 00:43:38,240
held owner operated and family oriented

617
00:43:38,240 --> 00:43:40,880
business the Malibu location is

618
00:43:40,880 --> 00:43:42,560
particularly important to David and

619
00:43:42,560 --> 00:43:45,359
Tanya and myself this is a corporate

620
00:43:45,359 --> 00:43:47,599
owned store not a franchise they

621
00:43:47,599 --> 00:43:50,720
personally selected this location and I

622
00:43:50,720 --> 00:43:53,680
spent months going back and forth trying

623
00:43:53,680 --> 00:43:57,200
to finalize everything here.

624
00:43:57,200 --> 00:43:58,960
They like the shopping center and they

625
00:43:58,960 --> 00:44:01,520
generally believe Gold Yogurt is a good

626
00:44:01,520 --> 00:44:03,760
fit for this community. They're not

627
00:44:03,760 --> 00:44:05,599
looking at Malibu simply as another

628
00:44:05,599 --> 00:44:07,680
location on a growth map. They want the

629
00:44:07,680 --> 00:44:09,200
store to become part of the community

630
00:44:09,200 --> 00:44:11,200
for the long term.

631
00:44:11,200 --> 00:44:13,119
Greek yogurt is built around health,

632
00:44:13,119 --> 00:44:15,200
wellness, quality products, and creating

633
00:44:15,200 --> 00:44:17,359
a welcoming environment where families

634
00:44:17,359 --> 00:44:20,560
and friends can gather. We believe those

635
00:44:20,560 --> 00:44:24,000
values fit naturally with Malibu and the

636
00:44:24,000 --> 00:44:26,640
other businesses in the shopping center.

637
00:44:26,640 --> 00:44:28,720
So while we recognize that Gold Creek

638
00:44:28,720 --> 00:44:30,720
technically falls within the city's

639
00:44:30,720 --> 00:44:33,280
formula retail division uh definition,

640
00:44:33,280 --> 00:44:35,040
what I would respectfully ask the

641
00:44:35,040 --> 00:44:37,520
commission to consider tonight is the

642
00:44:37,520 --> 00:44:39,119
people and the business behind the

643
00:44:39,119 --> 00:44:41,599
definition.

644
00:44:41,599 --> 00:44:43,599
When I say this is a family business,

645
00:44:43,599 --> 00:44:45,359
I'm not using that simply as a

646
00:44:45,359 --> 00:44:47,520
description. This is my family. I've

647
00:44:47,520 --> 00:44:49,280
watched the company grow. I work

648
00:44:49,280 --> 00:44:51,839
alongside David and Tanya and I see

649
00:44:51,839 --> 00:44:53,760
firsthand how personally involved we

650
00:44:53,760 --> 00:44:56,240
remain. We respect the purpose of

651
00:44:56,240 --> 00:44:59,280
Malibu's formula retail ordinance. And

652
00:44:59,280 --> 00:45:00,720
we're not asking the commission to

653
00:45:00,720 --> 00:45:02,880
disregard it. We're simply asking you to

654
00:45:02,880 --> 00:45:06,000
consider Greek for what it actually is,

655
00:45:06,000 --> 00:45:09,280
a successful and growing family oriented

656
00:45:09,280 --> 00:45:11,040
business whose owners remain personally

657
00:45:11,040 --> 00:45:14,240
involved and who generally genuinely

658
00:45:14,240 --> 00:45:16,000
want to become part of the Malibu

659
00:45:16,000 --> 00:45:17,760
community.

660
00:45:17,760 --> 00:45:20,400
We would say we very much appreciate the

661
00:45:20,400 --> 00:45:22,640
opportunity to do that. Thank you for

662
00:45:22,640 --> 00:45:25,359
your time and consideration.

663
00:45:25,359 --> 00:45:26,800
>> Thank you. You guys want to reserve the

664
00:45:26,800 --> 00:45:27,760
rest of the time? You want to keep

665
00:45:27,760 --> 00:45:35,829
going?

666
00:45:35,839 --> 00:45:37,760
Steve Welch

667
00:45:37,760 --> 00:45:40,240
operational management and part of the

668
00:45:40,240 --> 00:45:42,640
asset management team for the center.

669
00:45:42,640 --> 00:45:44,079
I'm personally involved with the

670
00:45:44,079 --> 00:45:48,000
day-to-day operations of the center and

671
00:45:48,000 --> 00:45:50,400
the uh

672
00:45:50,400 --> 00:45:52,240
improvement management and and all of

673
00:45:52,240 --> 00:45:54,880
the approvals and oversight of the

674
00:45:54,880 --> 00:45:58,800
tenants construction. Uh we uh the

675
00:45:58,800 --> 00:46:01,680
ownership purchases property in 2024.

676
00:46:01,680 --> 00:46:04,079
It's a familyowned

677
00:46:04,079 --> 00:46:07,839
uh entity. It's not it's not a big

678
00:46:07,839 --> 00:46:10,560
corporate setting. We been very

679
00:46:10,560 --> 00:46:13,359
respectful of all the city's ordinances

680
00:46:13,359 --> 00:46:16,480
and and followed them very carefully.

681
00:46:16,480 --> 00:46:19,680
We feel in this case we have follow the

682
00:46:19,680 --> 00:46:24,560
rules. We did submit we received some

683
00:46:24,560 --> 00:46:28,560
initial approvals and then they were

684
00:46:28,560 --> 00:46:32,720
rescended. uh that made us

685
00:46:32,720 --> 00:46:36,160
uh brought us to the point where we both

686
00:46:36,160 --> 00:46:38,000
the landlord and the tenant financially

687
00:46:38,000 --> 00:46:40,319
committed themselves to this project.

688
00:46:40,319 --> 00:46:42,240
And then there's been some adjustments

689
00:46:42,240 --> 00:46:44,160
in that as we went along with the

690
00:46:44,160 --> 00:46:46,640
understanding of

691
00:46:46,640 --> 00:46:49,599
misunderstandings or or changes of the

692
00:46:49,599 --> 00:46:54,319
interpretation of this formula retail.

693
00:46:54,319 --> 00:46:59,839
Again, we we understand that we have

694
00:46:59,839 --> 00:47:03,280
this, you know, shortage of 49 square

695
00:47:03,280 --> 00:47:06,480
feet, but we are willing we're basically

696
00:47:06,480 --> 00:47:10,560
asking for short-term uh reconsideration

697
00:47:10,560 --> 00:47:13,440
of that. Uh and again, we're willing to

698
00:47:13,440 --> 00:47:15,839
recommmit future footage that we will be

699
00:47:15,839 --> 00:47:18,560
getting back. Could be anytime within

700
00:47:18,560 --> 00:47:21,599
the next few months and up to a year and

701
00:47:21,599 --> 00:47:24,319
a half from now. But we are going to

702
00:47:24,319 --> 00:47:26,960
commit to

703
00:47:26,960 --> 00:47:30,400
make at least 500 square feet of that

704
00:47:30,400 --> 00:47:33,990
non

705
00:47:34,000 --> 00:47:42,069
back out in a short time.

706
00:47:42,079 --> 00:47:46,790
No public comments here.

707
00:47:46,800 --> 00:47:53,430
Three raised hands. First is

708
00:47:53,440 --> 00:48:30,950
Hello. How you doing?

709
00:48:30,960 --> 00:48:43,190
Bill Samson.

710
00:48:43,200 --> 00:49:08,630
We can hear you though.

711
00:49:08,640 --> 00:49:15,270
We're not giving anybody.

712
00:49:15,280 --> 00:49:25,990
Sorry.

713
00:49:26,000 --> 00:49:29,040
I don't care. I'm not about

714
00:49:29,040 --> 00:49:32,800
But I don't think

715
00:49:32,800 --> 00:49:44,870
anywhere.

716
00:49:44,880 --> 00:49:48,160
Thank you, Bill.

717
00:49:48,160 --> 00:50:04,549
>> Joe Drummond.

718
00:50:04,559 --> 00:50:19,190
one large dominative

719
00:50:19,200 --> 00:50:23,750
clothing

720
00:50:23,760 --> 00:50:32,790
and this isn't abouting local business,

721
00:50:32,800 --> 00:50:35,599
but there should be room for

722
00:50:35,599 --> 00:50:38,400
more small businesses with kids, family

723
00:50:38,400 --> 00:50:43,670
gather,

724
00:50:43,680 --> 00:50:48,390
not just

725
00:50:48,400 --> 00:50:52,069
» Thank you, Joe.

726
00:50:52,079 --> 00:50:53,680
Those are all the raised hands.

727
00:50:53,680 --> 00:50:57,040
>> All right. Um, you guys have any other

728
00:50:57,040 --> 00:50:58,319
comments? You have a little bit more

729
00:50:58,319 --> 00:51:02,160
time left the applicant team? No. All

730
00:51:02,160 --> 00:51:03,680
right, we'll call you up if you have any

731
00:51:03,680 --> 00:51:05,280
questions.

732
00:51:05,280 --> 00:51:08,400
Public comment is closed.

733
00:51:08,400 --> 00:51:10,000
Commissioners,

734
00:51:10,000 --> 00:51:13,430
Marty,

735
00:51:13,440 --> 00:51:15,200
» um,

736
00:51:15,200 --> 00:51:17,920
so I have nothing against frozen yogurt.

737
00:51:17,920 --> 00:51:20,800
I really like it. Um, I wish that it was

738
00:51:20,800 --> 00:51:24,480
Gold Union here because that would be

739
00:51:24,480 --> 00:51:26,880
block. Um, much easier than frozen

740
00:51:26,880 --> 00:51:30,079
yogurt. Um,

741
00:51:30,079 --> 00:51:33,200
my problem is the center

742
00:51:33,200 --> 00:51:36,400
really doesn't do a good job of managing

743
00:51:36,400 --> 00:51:39,760
um, parking and so I'm picturing this

744
00:51:39,760 --> 00:51:42,319
place is going to bring a lot of people.

745
00:51:42,319 --> 00:51:44,559
Um, I was there yesterday. I'm probably

746
00:51:44,559 --> 00:51:47,040
there about three times a day, seven

747
00:51:47,040 --> 00:51:48,880
days a week because I walk my dog

748
00:51:48,880 --> 00:51:52,000
through there. Um there's road rage

749
00:51:52,000 --> 00:51:54,000
going on in yesterday. There was road

750
00:51:54,000 --> 00:51:56,800
rage in the parking lot. There was about

751
00:51:56,800 --> 00:52:00,720
35 kids in the playground there. Um that

752
00:52:00,720 --> 00:52:02,319
has no gate. You know, they're just kind

753
00:52:02,319 --> 00:52:05,599
of running loose. Um there was no

754
00:52:05,599 --> 00:52:07,839
parking anywhere. There were people were

755
00:52:07,839 --> 00:52:10,000
parked in the towway spots. People are

756
00:52:10,000 --> 00:52:12,319
always parked in the horse parking. All

757
00:52:12,319 --> 00:52:14,400
the Tesla spots. People are arguing

758
00:52:14,400 --> 00:52:17,359
because people park in the electric

759
00:52:17,359 --> 00:52:19,040
parking spots when there don't have

760
00:52:19,040 --> 00:52:21,359
electric cars. Um people park in the

761
00:52:21,359 --> 00:52:24,079
handicap spots. Employees tell me that

762
00:52:24,079 --> 00:52:25,839
they can't find parking because people

763
00:52:25,839 --> 00:52:28,720
park in the employee spots and that um

764
00:52:28,720 --> 00:52:31,359
and I myself have called to try and have

765
00:52:31,359 --> 00:52:33,040
someone towed that's just been parked in

766
00:52:33,040 --> 00:52:37,359
the middle. Um and the the response is

767
00:52:37,359 --> 00:52:39,119
that nothing can be towed unless you're

768
00:52:39,119 --> 00:52:40,720
the property owner, but the property

769
00:52:40,720 --> 00:52:43,760
owner doesn't enforce that. Um, so

770
00:52:43,760 --> 00:52:46,400
really my biggest problem is I I don't

771
00:52:46,400 --> 00:52:48,800
feel like I can in good conscience

772
00:52:48,800 --> 00:52:52,000
support adding more people coming to the

773
00:52:52,000 --> 00:52:54,400
center and I would go for other shops as

774
00:52:54,400 --> 00:52:57,599
well when already people park there.

775
00:52:57,599 --> 00:52:58,960
Maybe they're going to the beach, I

776
00:52:58,960 --> 00:53:00,319
don't know, but they park there all day

777
00:53:00,319 --> 00:53:04,000
and it's all filled. Um, as well as um

778
00:53:04,000 --> 00:53:07,359
they don't enforce um homeless people

779
00:53:07,359 --> 00:53:10,559
kind of being everywhere bathing in the

780
00:53:10,559 --> 00:53:12,720
drinking fountain. Nothing is enforced

781
00:53:12,720 --> 00:53:15,040
and I I don't feel like the center is

782
00:53:15,040 --> 00:53:20,800
managed in a way that um I could ever

783
00:53:20,800 --> 00:53:25,200
without conditions um say yes to this.

784
00:53:25,200 --> 00:53:27,760
And so that said, I'm wondering if you

785
00:53:27,760 --> 00:53:29,359
guys would be open to having some kinds

786
00:53:29,359 --> 00:53:31,760
of conditions that say that maybe

787
00:53:31,760 --> 00:53:36,079
somebody is always available. Um I don't

788
00:53:36,079 --> 00:53:38,240
know what kind of conditions maybe my

789
00:53:38,240 --> 00:53:40,079
other commissioners can help me but um

790
00:53:40,079 --> 00:53:42,400
that someone is always available um by

791
00:53:42,400 --> 00:53:46,319
phone to call a tow truck to have people

792
00:53:46,319 --> 00:53:48,720
cited that are parked illegally in

793
00:53:48,720 --> 00:53:52,000
handicapped spots um you know that

794
00:53:52,000 --> 00:53:53,839
someone is available every day of the

795
00:53:53,839 --> 00:53:57,119
week to to make that happen. Um and then

796
00:53:57,119 --> 00:53:59,119
and it's and then I had another question

797
00:53:59,119 --> 00:54:05,599
of the city um with the new um emergency

798
00:54:05,599 --> 00:54:08,480
ordinance um that we have for the fires.

799
00:54:08,480 --> 00:54:11,200
I forget what it's called. Um what

800
00:54:11,200 --> 00:54:15,359
happens if there is somebody that um

801
00:54:15,359 --> 00:54:17,760
shouldn't be there and somebody calls

802
00:54:17,760 --> 00:54:19,599
and says, "We have this person here.

803
00:54:19,599 --> 00:54:21,359
They shouldn't be at the center." Will

804
00:54:21,359 --> 00:54:24,559
Lost Hills Sheriff be able to enforce

805
00:54:24,559 --> 00:54:27,760
with our new emergency ordinance?

806
00:54:27,760 --> 00:54:29,520
Do you know what I'm saying? I would

807
00:54:29,520 --> 00:54:31,119
imagine somebody would be able to show

808
00:54:31,119 --> 00:54:33,040
up they're breaking a law or something

809
00:54:33,040 --> 00:54:34,559
like that or if the landlord were to

810
00:54:34,559 --> 00:54:36,079
make a phone call and request somebody

811
00:54:36,079 --> 00:54:37,599
were be removed from that property that

812
00:54:37,599 --> 00:54:40,480
could happen. But I think I'm not really

813
00:54:40,480 --> 00:54:42,559
entirely understanding. I don't know if

814
00:54:42,559 --> 00:54:45,680
Tyler tell the um the [clears throat]

815
00:54:45,680 --> 00:54:47,440
emergency ordinance that was emergency

816
00:54:47,440 --> 00:54:50,079
declaration that was uh approved last

817
00:54:50,079 --> 00:54:53,359
week was related to encampments and so I

818
00:54:53,359 --> 00:54:54,960
think it has to be related to that in

819
00:54:54,960 --> 00:54:57,280
order for the sheriff to take action. So

820
00:54:57,280 --> 00:55:00,000
>> So somebody lives an encampment close by

821
00:55:00,000 --> 00:55:03,599
or seems to look like they might uh

822
00:55:03,599 --> 00:55:05,040
which I wouldn't want to you know you're

823
00:55:05,040 --> 00:55:06,640
not going to profile people or whatever

824
00:55:06,640 --> 00:55:12,079
but if somebody seems that they're um

825
00:55:12,079 --> 00:55:14,480
not appropriately behaving at this

826
00:55:14,480 --> 00:55:17,200
center um what's going to what can be

827
00:55:17,200 --> 00:55:20,000
done if the sheriff

828
00:55:20,000 --> 00:55:21,440
real quick I think it depends on the

829
00:55:21,440 --> 00:55:23,920
type of behavior right if there's a

830
00:55:23,920 --> 00:55:25,280
physical altercation

831
00:55:25,280 --> 00:55:26,960
>> okay let's say washing their hair in the

832
00:55:26,960 --> 00:55:29,280
drinking fountain Um, I see

833
00:55:29,280 --> 00:55:31,440
>> I'm struggling to see how this relates

834
00:55:31,440 --> 00:55:34,160
to formula retail and the waiver request

835
00:55:34,160 --> 00:55:38,400
here. So, I'd really focus back on the

836
00:55:38,400 --> 00:55:40,319
Let me Let me finish real quick. Focus

837
00:55:40,319 --> 00:55:42,480
uses back on the municipal code, which

838
00:55:42,480 --> 00:55:46,480
is either yes or no. Do you find unusual

839
00:55:46,480 --> 00:55:48,400
circumstances here? They've said it's

840
00:55:48,400 --> 00:55:49,680
because they were caught in the middle

841
00:55:49,680 --> 00:55:51,520
of another business and the formula

842
00:55:51,520 --> 00:55:53,599
retail kind of competing for that those

843
00:55:53,599 --> 00:55:57,520
last remaining slots. And whether If you

844
00:55:57,520 --> 00:56:00,480
find that was there an undue hardship um

845
00:56:00,480 --> 00:56:02,480
if the answer is yes you can impose

846
00:56:02,480 --> 00:56:05,440
certain conditions but homelessness

847
00:56:05,440 --> 00:56:07,040
anything like that I fail to see how

848
00:56:07,040 --> 00:56:09,280
that's related parking maybe you know

849
00:56:09,280 --> 00:56:11,440
you can create conditions but I think

850
00:56:11,440 --> 00:56:13,599
the first step is to get over the hurdle

851
00:56:13,599 --> 00:56:16,000
of is there a majority vote yes or no on

852
00:56:16,000 --> 00:56:18,160
those first questions and then move on

853
00:56:18,160 --> 00:56:19,920
to conditions if you see that but

854
00:56:19,920 --> 00:56:22,160
>> just to share the relevance Helen the

855
00:56:22,160 --> 00:56:24,559
fact that this is bringing such a clown

856
00:56:24,559 --> 00:56:27,359
show to the area not just go the frozen

857
00:56:27,359 --> 00:56:29,520
yogurt place. But I'm saying this center

858
00:56:29,520 --> 00:56:32,400
um creates so much so much havoc going

859
00:56:32,400 --> 00:56:36,799
on and and all the centers um it it

860
00:56:36,799 --> 00:56:39,440
brings those people it brings more uh

861
00:56:39,440 --> 00:56:42,000
people that have encampments. It brings

862
00:56:42,000 --> 00:56:45,040
more unpredictable people to the area.

863
00:56:45,040 --> 00:56:47,839
>> I you know legally I fail to see how we

864
00:56:47,839 --> 00:56:49,440
can create a condition about how a

865
00:56:49,440 --> 00:56:53,359
yogurt shop attracts homeless people.

866
00:56:53,359 --> 00:56:55,359
Well, it would be more for the center. A

867
00:56:55,359 --> 00:56:56,799
condition that the center

868
00:56:56,799 --> 00:56:58,319
>> it's it's not for the center. You're not

869
00:56:58,319 --> 00:57:00,480
looking at the center's behavior. You're

870
00:57:00,480 --> 00:57:07,520
looking at this building um and this formula retail or this retail use.

871
00:57:07,520 --> 00:57:11,040
What what conditions can we do in

872
00:57:11,040 --> 00:57:15,280
regards to the parking and the basic uh

873
00:57:15,280 --> 00:57:17,520
>> so if you wanted to post something on

874
00:57:17,520 --> 00:57:19,760
the parking maybe you could say like x

875
00:57:19,760 --> 00:57:21,280
amount of spots need to be one hour

876
00:57:21,280 --> 00:57:22,319
parking

877
00:57:22,319 --> 00:57:22,799
>> right

878
00:57:22,799 --> 00:57:24,079
>> that's something or

879
00:57:24,079 --> 00:57:26,079
>> it already is it is you're supposed to

880
00:57:26,079 --> 00:57:27,920
be going to the shops there and people

881
00:57:27,920 --> 00:57:29,359
don't people flout that

882
00:57:29,359 --> 00:57:30,799
>> or you know there there's this

883
00:57:30,799 --> 00:57:33,680
relationship between the the retail

884
00:57:33,680 --> 00:57:36,480
tenant and the business as a whole or

885
00:57:36,480 --> 00:57:39,040
the shopping center. You could have, you

886
00:57:39,040 --> 00:57:41,040
know, potential people being

887
00:57:41,040 --> 00:57:42,559
responsible. You're the owner of this

888
00:57:42,559 --> 00:57:44,160
shop. You, if someone complains about

889
00:57:44,160 --> 00:57:46,799
parking, you have 20 minutes to call the

890
00:57:46,799 --> 00:57:49,119
and call for a tow and work with the

891
00:57:49,119 --> 00:57:50,319
shopping owner or work something out

892
00:57:50,319 --> 00:57:52,000
with the shopping owner prior to opening

893
00:57:52,000 --> 00:57:53,200
that they're going to get special

894
00:57:53,200 --> 00:57:55,599
priority on toes. Those type of things.

895
00:57:55,599 --> 00:57:58,400
>> You can also say that like special

896
00:57:58,400 --> 00:58:00,480
parking specifically for this business.

897
00:58:00,480 --> 00:58:01,839
if you feel like this business might

898
00:58:01,839 --> 00:58:04,480
attract a certain amount of parking. So,

899
00:58:04,480 --> 00:58:06,000
the parking is allocated for the

900
00:58:06,000 --> 00:58:08,079
shopping center as a whole. Commissioner

901
00:58:08,079 --> 00:58:10,240
Maza talked about the mixed uses going

902
00:58:10,240 --> 00:58:12,319
on. So, it's it's not looked at each

903
00:58:12,319 --> 00:58:16,640
individual business. It's looked at as a mixeduse. So, you could say we want

904
00:58:16,640 --> 00:58:18,559
three dedicated parking spaces, let's

905
00:58:18,559 --> 00:58:21,359
say, for this uh yogurt shop at all

906
00:58:21,359 --> 00:58:23,599
times.

907
00:58:23,599 --> 00:58:25,599
>> But then what if somebody does somebody

908
00:58:25,599 --> 00:58:27,280
parks there and goes to the beach in the

909
00:58:27,280 --> 00:58:29,920
yogurt shop parking? How will that be

910
00:58:29,920 --> 00:58:38,230
enforced? That's what I'm wondering.

911
00:58:38,240 --> 00:58:40,480
» So, hold on. Drew, did you want to

912
00:58:40,480 --> 00:58:41,359
finish the comment?

913
00:58:41,359 --> 00:58:43,440
>> No, I was going to say,

914
00:58:43,440 --> 00:58:45,680
but I has a little bit of a point in

915
00:58:45,680 --> 00:58:48,559
regards to kind of reviewing the

916
00:58:48,559 --> 00:58:51,200
protocol of the shopping center. Uh, it

917
00:58:51,200 --> 00:58:52,960
is very, very hard to get around in that

918
00:58:52,960 --> 00:58:55,440
shopping center a lot of the time.

919
00:58:55,440 --> 00:58:57,200
>> Okay,

920
00:58:57,200 --> 00:58:59,200
>> John, go ahead. Perhaps you might

921
00:58:59,200 --> 00:59:01,839
consider part of the problem in parking

922
00:59:01,839 --> 00:59:06,559
is seven other restaurants. Seven. Okay.

923
00:59:06,559 --> 00:59:09,760
Seven. That has to do with usage. Fast

924
00:59:09,760 --> 00:59:13,839
food has has more people come to it than

925
00:59:13,839 --> 00:59:17,599
dry cleaners. Okay. You can do this by

926
00:59:17,599 --> 00:59:21,599
following the law saying this is this is

927
00:59:21,599 --> 00:59:23,599
you know a single business out of the

928
00:59:23,599 --> 00:59:26,880
toes. No one

929
00:59:26,880 --> 00:59:32,240
can tow and uh for example it's a matter

930
00:59:32,240 --> 00:59:34,240
of following our code. This shopping

931
00:59:34,240 --> 00:59:38,640
center never completed its uh CDP

932
00:59:38,640 --> 00:59:41,520
requirements. Never. Okay. They never

933
00:59:41,520 --> 00:59:46,240
planted the green walls. So

934
00:59:46,240 --> 00:59:49,280
and and to say to say, "Oh, this is a

935
00:59:49,280 --> 00:59:51,359
family business.

936
00:59:51,359 --> 00:59:52,960
It's going to be run differently."

937
00:59:52,960 --> 00:59:55,280
That's like saying Hotel is a family

938
00:59:55,280 --> 00:59:58,640
business. Okay, it was at one time. So

939
00:59:58,640 --> 01:00:02,240
was McDonald's. But

940
01:00:02,240 --> 01:00:05,359
the real key here is

941
01:00:05,359 --> 01:00:07,920
I actually I'd like to ask if I could

942
01:00:07,920 --> 01:00:12,160
ask the applicant a question.

943
01:00:12,160 --> 01:00:15,520
Could I could I any one of you who wants

944
01:00:15,520 --> 01:00:16,880
to answer the question?

945
01:00:16,880 --> 01:00:18,240
>> Why don't you ask the question? They'll

946
01:00:18,240 --> 01:00:20,160
put the best person answer. The question

947
01:00:20,160 --> 01:00:23,440
is, you're required to have unusual

948
01:00:23,440 --> 01:00:25,040
circumstances.

949
01:00:25,040 --> 01:00:26,720
Can you come up and tell me what's the

950
01:00:26,720 --> 01:00:28,559
unusual circumstance? Because your

951
01:00:28,559 --> 01:00:30,799
letter certainly doesn't spell it out.

952
01:00:30,799 --> 01:00:33,359
So, we can't we're we're not supposed to

953
01:00:33,359 --> 01:00:35,280
make this finding without an unusual

954
01:00:35,280 --> 01:00:43,270
circumstance.

955
01:00:43,280 --> 01:00:47,760
I addressed this before but you know

956
01:00:47,760 --> 01:00:50,880
I think our issue is that we are

957
01:00:50,880 --> 01:00:54,000
disadvantaged by the 60% 64% of our

958
01:00:54,000 --> 01:00:56,240
project is is taken by Whole

959
01:00:56,240 --> 01:00:58,000
>> Foods.

960
01:00:58,000 --> 01:01:01,680
My question is the unusual part of it.

961
01:01:01,680 --> 01:01:04,240
>> John the issue with the Whole Foods is

962
01:01:04,240 --> 01:01:06,960
like we don't that's not necessarily

963
01:01:06,960 --> 01:01:08,640
like that's your guys decision, right?

964
01:01:08,640 --> 01:01:10,640
We rented out this large space to this

965
01:01:10,640 --> 01:01:13,119
big anchor tenant. So then you have to

966
01:01:13,119 --> 01:01:14,559
deal with the consequences of that,

967
01:01:14,559 --> 01:01:15,839
right? That's not a hardship. The

968
01:01:15,839 --> 01:01:18,000
consequences are these are the rules.

969
01:01:18,000 --> 01:01:21,280
These is the law. You know, I I I I

970
01:01:21,280 --> 01:01:22,720
don't I don't buy that argument.

971
01:01:22,720 --> 01:01:24,400
>> Well,

972
01:01:24,400 --> 01:01:27,440
the point I'd like to make is

973
01:01:27,440 --> 01:01:29,839
four shopping centers in this city have

974
01:01:29,839 --> 01:01:31,760
super.

975
01:01:31,760 --> 01:01:34,720
Okay. So, are we supposed to tell tell

976
01:01:34,720 --> 01:01:37,920
the Ralph Center that they get not they

977
01:01:37,920 --> 01:01:40,400
get to count the Ralphs and or or

978
01:01:40,400 --> 01:01:42,640
Vintage Market

979
01:01:42,640 --> 01:01:44,400
similar size shopping center almost

980
01:01:44,400 --> 01:01:48,079
exactly the same size and we and so the

981
01:01:48,079 --> 01:01:52,720
word unusual is required in

982
01:01:52,720 --> 01:02:01,750
>> So is there any other hardship that you have in relation to that?

983
01:02:01,760 --> 01:02:02,640
I don't think so.

984
01:02:02,640 --> 01:02:07,750
>> No. Okay.

985
01:02:07,760 --> 01:02:09,280
» Okay.

986
01:02:09,280 --> 01:02:12,880
So, so first, you know, as a planning

987
01:02:12,880 --> 01:02:15,599
commission,

988
01:02:15,599 --> 01:02:17,440
my personal view, and I'll state this

989
01:02:17,440 --> 01:02:19,119
publicly, is I'm not here to be an

990
01:02:19,119 --> 01:02:22,880
enforcer. I'm not a a police officer.

991
01:02:22,880 --> 01:02:26,240
I'm not going out and handing out code

992
01:02:26,240 --> 01:02:29,760
violations. I'm here to have perspective

993
01:02:29,760 --> 01:02:31,839
on the community.

994
01:02:31,839 --> 01:02:35,680
on our business establishments,

995
01:02:35,680 --> 01:02:38,799
on our residents, and I need to have the

996
01:02:38,799 --> 01:02:42,079
ability to look at a situation not in

997
01:02:42,079 --> 01:02:45,119
black and white, but as a whole. And

998
01:02:45,119 --> 01:02:48,319
what I see right now in this particular

999
01:02:48,319 --> 01:02:52,559
situation is we're talking about a

1000
01:02:52,559 --> 01:02:55,680
center owner who has a certain amount of

1001
01:02:55,680 --> 01:02:57,440
establishments

1002
01:02:57,440 --> 01:03:00,880
that he needs to lease in order to have

1003
01:03:00,880 --> 01:03:04,880
his center be successful as well as our

1004
01:03:04,880 --> 01:03:07,839
you know lees who are businesses who

1005
01:03:07,839 --> 01:03:10,640
need to be profitable and have their

1006
01:03:10,640 --> 01:03:12,880
businesses work. And there's

1007
01:03:12,880 --> 01:03:15,200
negotiations that go on between these

1008
01:03:15,200 --> 01:03:17,359
two and different things that happen to

1009
01:03:17,359 --> 01:03:19,839
try and get the best outcome. I think

1010
01:03:19,839 --> 01:03:22,160
what we don't want to have is a bunch of

1011
01:03:22,160 --> 01:03:25,839
empty storefronts in Malibu and I have

1012
01:03:25,839 --> 01:03:29,359
seen that. So when I look at this

1013
01:03:29,359 --> 01:03:31,440
particular situation,

1014
01:03:31,440 --> 01:03:36,240
I think that the hardship if I was to

1015
01:03:36,240 --> 01:03:38,799
state what I'm seeing is it's a timing

1016
01:03:38,799 --> 01:03:43,440
issue. Um, we've heard a commitment by

1017
01:03:43,440 --> 01:03:46,640
the center owner to subdivide and commit

1018
01:03:46,640 --> 01:03:50,400
to having a nonformmula retail take up

1019
01:03:50,400 --> 01:03:53,280
500 square feet in the recent or near

1020
01:03:53,280 --> 01:03:55,839
future. So, the waiver would be somewhat

1021
01:03:55,839 --> 01:03:58,720
temporary. I'm hearing that. Um, I hear

1022
01:03:58,720 --> 01:04:02,640
that they've chosen a yogurt shop that

1023
01:04:02,640 --> 01:04:05,039
was initially a family business. It only

1024
01:04:05,039 --> 01:04:06,960
has 10 stores. I don't think you can

1025
01:04:06,960 --> 01:04:11,839
compare it to Hilton Corporate. Um,

1026
01:04:11,839 --> 01:04:13,839
so I I'm hearing a lot of of different

1027
01:04:13,839 --> 01:04:15,920
things that that are going on and that

1028
01:04:15,920 --> 01:04:18,559
are in play here. And it's certainly not

1029
01:04:18,559 --> 01:04:20,880
black and white. And I'm not sure if

1030
01:04:20,880 --> 01:04:22,960
Robiner was sitting here right now how

1031
01:04:22,960 --> 01:04:25,359
he would vote on this. And I don't think

1032
01:04:25,359 --> 01:04:31,920
that we should be guessing. Um, what I think is what is best for Malibu.

1033
01:04:31,920 --> 01:04:35,760
I don't see personally as a mom and as a

1034
01:04:35,760 --> 01:04:41,119
shop customer. Usually, we don't go

1035
01:04:41,119 --> 01:04:43,440
driving somewhere to go park and go to a

1036
01:04:43,440 --> 01:04:46,319
yogurt shop. Usually, we dine and then

1037
01:04:46,319 --> 01:04:48,240
we want to have some dessert and we

1038
01:04:48,240 --> 01:04:50,720
swing by the yogurt shop. We get some

1039
01:04:50,720 --> 01:04:53,119
yogurt and we leave and we're like,

1040
01:04:53,119 --> 01:04:54,880
"Yay, okay, we have some yogurt instead

1041
01:04:54,880 --> 01:04:56,960
of ice cream." You know? So, I don't

1042
01:04:56,960 --> 01:05:00,640
really see the yogurt shop being a a

1043
01:05:00,640 --> 01:05:03,599
parking destination or somewhere where

1044
01:05:03,599 --> 01:05:06,079
people go and sit and linger. It it's

1045
01:05:06,079 --> 01:05:08,720
like a quick grab and go, a final to a

1046
01:05:08,720 --> 01:05:10,720
meal. You're passing through, you know,

1047
01:05:10,720 --> 01:05:12,960
the shop and you grab some yogurt. So, I

1048
01:05:12,960 --> 01:05:15,119
don't I don't fear it as being some

1049
01:05:15,119 --> 01:05:19,280
huge, you know, parking um issue. So, I

1050
01:05:19,280 --> 01:05:21,200
think we need to look at the situation

1051
01:05:21,200 --> 01:05:23,680
as a whole. And I also think we need to

1052
01:05:23,680 --> 01:05:25,599
take into consideration that we're

1053
01:05:25,599 --> 01:05:29,599
talking about 400 square feet.

1054
01:05:29,599 --> 01:05:35,039
That's it's extremely tiny. Um so you

1055
01:05:35,039 --> 01:05:36,880
know let let's keep things in

1056
01:05:36,880 --> 01:05:38,480
perspective.

1057
01:05:38,480 --> 01:05:41,520
>> Thank you for that. I I just want to

1058
01:05:41,520 --> 01:05:44,000
100% disagree with you. When you when

1059
01:05:44,000 --> 01:05:47,520
you swore in when you swore in as a

1060
01:05:47,520 --> 01:05:49,440
planning commission you swore to follow

1061
01:05:49,440 --> 01:05:52,160
the

1062
01:05:52,160 --> 01:05:54,400
>> they are passed by the city council not

1063
01:05:54,400 --> 01:05:54,880
by

1064
01:05:54,880 --> 01:05:56,240
>> I just want to say that there's

1065
01:05:56,240 --> 01:05:58,160
something called a waiver but there's

1066
01:05:58,160 --> 01:06:03,589
something called a waiver

1067
01:06:03,599 --> 01:06:06,960
» the ordinance was passed by the city

1068
01:06:06,960 --> 01:06:10,309
council

1069
01:06:10,319 --> 01:06:12,720
but you can

1070
01:06:12,720 --> 01:06:14,799
Well, I can, you know, I'll just look at

1071
01:06:14,799 --> 01:06:16,480
what it is and who it is and everything

1072
01:06:16,480 --> 01:06:18,720
else. We should not have the ability to

1073
01:06:18,720 --> 01:06:21,920
choose which

1074
01:06:21,920 --> 01:06:24,480
only to decide what square footage can

1075
01:06:24,480 --> 01:06:28,240
be used. They could have Joe's cigar

1076
01:06:28,240 --> 01:06:30,640
shop,000

1077
01:06:30,640 --> 01:06:34,000
cigar and you don't like smoking. No,

1078
01:06:34,000 --> 01:06:36,400
that's not what the unusual

1079
01:06:36,400 --> 01:06:40,960
circumstance. There is none. Now,

1080
01:06:40,960 --> 01:06:42,960
Robin would roll over

1081
01:06:42,960 --> 01:06:45,990
Okay.

1082
01:06:46,000 --> 01:06:50,319
60% of the people in voted for retail

1083
01:06:50,319 --> 01:06:56,880
orders because we were losing all our local stores. They're all gone

1084
01:06:56,880 --> 01:06:59,520
almost because it was gutted and

1085
01:06:59,520 --> 01:07:02,480
combined it. Now you say, "Well, please

1086
01:07:02,480 --> 01:07:04,960
come to town." Of course they can. Right

1087
01:07:04,960 --> 01:07:07,520
next door, right across the street is a

1088
01:07:07,520 --> 01:07:10,079
shopping center. It's got five. I was

1089
01:07:10,079 --> 01:07:12,000
there today.

1090
01:07:12,000 --> 01:07:14,559
You can rent there.

1091
01:07:14,559 --> 01:07:27,910
It's notific

1092
01:07:27,920 --> 01:07:32,710
whatever that juice store is. But

1093
01:07:32,720 --> 01:07:34,960
there was a process

1094
01:07:34,960 --> 01:07:37,680
50% of the people over half a million

1095
01:07:37,680 --> 01:07:40,799
probably 100 people

1096
01:07:40,799 --> 01:07:43,680
work on getting petition signed through

1097
01:07:43,680 --> 01:07:47,599
the law to the lawyers

1098
01:07:47,599 --> 01:07:50,000
everything else that's the people of

1099
01:07:50,000 --> 01:07:52,480
Malib you're not the people of Malib

1100
01:07:52,480 --> 01:07:56,559
you're one person you're you were put on

1101
01:07:56,559 --> 01:08:00,160
a commission to

1102
01:08:00,160 --> 01:08:03,119
evaluate whether people qualify for what

1103
01:08:03,119 --> 01:08:06,160
they were. We can't That's like saying,

1104
01:08:06,160 --> 01:08:08,480
"Well, gee, I don't have a good view, so

1105
01:08:08,480 --> 01:08:11,920
I can put my house out in the ocean."

1106
01:08:11,920 --> 01:08:14,640
That's not what it said.

1107
01:08:14,640 --> 01:08:16,560
and

1108
01:08:16,560 --> 01:08:18,640
specific I'm still talking

1109
01:08:18,640 --> 01:08:20,880
>> I know you are

1110
01:08:20,880 --> 01:08:23,199
>> the subject

1111
01:08:23,199 --> 01:08:27,359
>> we we have a very strict set of criteria

1112
01:08:27,359 --> 01:08:29,440
that we're looking at and who voted for

1113
01:08:29,440 --> 01:08:33,040
it 60% those are irrelevant to the

1114
01:08:33,040 --> 01:08:33,600
question

1115
01:08:33,600 --> 01:08:35,520
>> you say it was irrelevant what you said

1116
01:08:35,520 --> 01:08:37,440
>> because you didn't talk as long as you

1117
01:08:37,440 --> 01:08:40,719
did I let you go on

1118
01:08:40,719 --> 01:08:43,679
>> okay then I'm on the subject and I'm

1119
01:08:43,679 --> 01:08:45,040
I hear what you say.

1120
01:08:45,040 --> 01:08:45,520
>> Okay.

1121
01:08:45,520 --> 01:08:48,319
that's it. Now,

1122
01:08:48,319 --> 01:08:52,080
here we have a situation where we we're

1123
01:08:52,080 --> 01:08:53,759
not they admit they don't have an

1124
01:08:53,759 --> 01:08:56,960
unusual circuit. So, we should not

1125
01:08:56,960 --> 01:08:59,120
approve this because it's supposed to be

1126
01:08:59,120 --> 01:09:01,759
extraordinary, not just like children.

1127
01:09:01,759 --> 01:09:04,080
And we also have the fact that they are

1128
01:09:04,080 --> 01:09:09,040
going from 30% to a 40%. It's not a

1129
01:09:09,040 --> 01:09:12,159
small move, it's 40%.

1130
01:09:12,159 --> 01:09:13,920
Okay.

1131
01:09:13,920 --> 01:09:15,679
>> So, John, you would make a motion and

1132
01:09:15,679 --> 01:09:17,600
that motion would be for denial, but

1133
01:09:17,600 --> 01:09:19,679
we're still having a conversation. Okay.

1134
01:09:19,679 --> 01:09:21,679
>> Can I can I ask is there some way we can

1135
01:09:21,679 --> 01:09:24,159
come to some conditions that say this is

1136
01:09:24,159 --> 01:09:26,239
going to bring more people? I know Liz

1137
01:09:26,239 --> 01:09:28,480
would maybe be on foot and parked

1138
01:09:28,480 --> 01:09:30,719
elsewhere, but this is going to bring

1139
01:09:30,719 --> 01:09:32,239
more people. I think it's actually going

1140
01:09:32,239 --> 01:09:34,159
to be if it if it's there, it's going to

1141
01:09:34,159 --> 01:09:36,319
be probably a very popular place. I

1142
01:09:36,319 --> 01:09:38,960
think it would fit well, but I don't

1143
01:09:38,960 --> 01:09:41,440
think that the way that the place is

1144
01:09:41,440 --> 01:09:44,480
managed and the parking is managed is

1145
01:09:44,480 --> 01:09:46,159
feasible and maybe there's a condition

1146
01:09:46,159 --> 01:09:48,159
that we could put on to come to an

1147
01:09:48,159 --> 01:09:49,199
approval so that

1148
01:09:49,199 --> 01:09:52,319
>> so why don't you think about whatever

1149
01:09:52,319 --> 01:09:54,640
that condition would be Drew did you

1150
01:09:54,640 --> 01:09:58,400
have anything else to add at this point

1151
01:09:58,400 --> 01:10:00,400
>> there I mean I'm open to the idea of a

1152
01:10:00,400 --> 01:10:03,440
condition I'd love to ask the team if

1153
01:10:03,440 --> 01:10:06,400
there's some suggestions on how we get

1154
01:10:06,400 --> 01:10:09,199
to where our concerns are

1155
01:10:09,199 --> 01:10:10,560
>> I have a question

1156
01:10:10,560 --> 01:10:14,480
team as well. My question is going to be

1157
01:10:14,480 --> 01:10:16,960
about the information that you have from

1158
01:10:16,960 --> 01:10:19,679
one of your other tenants, Tesla. And I

1159
01:10:19,679 --> 01:10:22,000
know that you offer to do something that

1160
01:10:22,000 --> 01:10:24,320
would be conditional based on that. I

1161
01:10:24,320 --> 01:10:27,600
would be reluctant to uh

1162
01:10:27,600 --> 01:10:30,000
resolve something by saying that, but

1163
01:10:30,000 --> 01:10:32,320
maybe the item gets continued if you're

1164
01:10:32,320 --> 01:10:34,400
having a call with them tomorrow and

1165
01:10:34,400 --> 01:10:37,120
maybe you know some more information. So

1166
01:10:37,120 --> 01:10:40,000
maybe this could be

1167
01:10:40,000 --> 01:10:41,679
based on some sort of fate or something

1168
01:10:41,679 --> 01:10:43,840
like that.

1169
01:10:43,840 --> 01:10:46,159
>> You can

1170
01:10:46,159 --> 01:10:50,239
trust Elon Musk to not change his mind.

1171
01:10:50,239 --> 01:10:52,159
Okay.

1172
01:10:52,159 --> 01:10:52,960
>> I digress.

1173
01:10:52,960 --> 01:10:55,679
>> No, but I just want I just want to I

1174
01:10:55,679 --> 01:10:58,800
just want to real you realize

1175
01:10:58,800 --> 01:11:01,600
you had speakers on this

1176
01:11:01,600 --> 01:11:04,719
over 2500 people voted.

1177
01:11:04,719 --> 01:11:07,600
>> I think everybody understand I

1178
01:11:07,600 --> 01:11:09,760
understand that. But when it goes to

1179
01:11:09,760 --> 01:11:12,239
appeal, you're the guy who appointed you

1180
01:11:12,239 --> 01:11:14,320
or who the woman who appointed you is

1181
01:11:14,320 --> 01:11:15,760
going to have to stand up there and say,

1182
01:11:15,760 --> 01:11:18,400
"Nah, I don't want to."

1183
01:11:18,400 --> 01:11:20,239
>> I can speak for myself and say that the

1184
01:11:20,239 --> 01:11:21,760
way it is right now, I'm not comfortable

1185
01:11:21,760 --> 01:11:24,239
with it based on it. So that's why I'm

1186
01:11:24,239 --> 01:11:26,400
asking them, you're having a call

1187
01:11:26,400 --> 01:11:28,320
tomorrow, you anticipate that call

1188
01:11:28,320 --> 01:11:32,159
saying, "Can we terminate our early

1189
01:11:32,159 --> 01:11:34,640
penalty?" Or you're going to say, "You

1190
01:11:34,640 --> 01:11:36,000
guys got to stick around for a year and

1191
01:11:36,000 --> 01:11:38,880
a half." You understand that kind of a

1192
01:11:38,880 --> 01:11:42,320
sort of mixed bag but pretty hard to get

1193
01:11:42,320 --> 01:11:45,679
a conclusive yes on how things are right

1194
01:11:45,679 --> 01:11:47,760
now. So what is the update on that or

1195
01:11:47,760 --> 01:11:49,440
what are your thoughts?

1196
01:11:49,440 --> 01:11:53,679
>> So my thoughts are as mentioned um we

1197
01:11:53,679 --> 01:11:57,360
purchased this in 2024 and when we

1198
01:11:57,360 --> 01:12:00,239
purchased it shortly there we actually

1199
01:12:00,239 --> 01:12:04,000
invested almost 500,000 in this

1200
01:12:04,000 --> 01:12:06,000
improvement. Um we did our parking lot

1201
01:12:06,000 --> 01:12:08,239
patio furniture. I mean we really took

1202
01:12:08,239 --> 01:12:11,040
pride in the center. So um when

1203
01:12:11,040 --> 01:12:13,280
approached us then we respectfully

1204
01:12:13,280 --> 01:12:14,800
declined. You know we weren't interested

1205
01:12:14,800 --> 01:12:19,120
in early termination. Um but we believe

1206
01:12:19,120 --> 01:12:21,600
that they have changed their mind. Um we

1207
01:12:21,600 --> 01:12:24,159
believe that tomorrow's phone call is

1208
01:12:24,159 --> 01:12:27,360
actually at

1209
01:12:27,360 --> 01:12:29,600
your real estate manager and myself

1210
01:12:29,600 --> 01:12:32,320
along with some other members of our

1211
01:12:32,320 --> 01:12:36,320
team and we will be having a discussion

1212
01:12:36,320 --> 01:12:40,950
about early.

1213
01:12:40,960 --> 01:12:43,600
Um I do want to comment on concerns

1214
01:12:43,600 --> 01:12:46,159
about parking. Um

1215
01:12:46,159 --> 01:12:49,280
we were just there

1216
01:12:49,280 --> 01:12:51,920
and we had I'm not going to say that he

1217
01:12:51,920 --> 01:12:54,640
was a patriot of our center. Um but he

1218
01:12:54,640 --> 01:12:58,960
certainly was being excessively loud um

1219
01:12:58,960 --> 01:13:01,600
and causing a disruption making the

1220
01:13:01,600 --> 01:13:03,840
patrons of our center not feel welcomed

1221
01:13:03,840 --> 01:13:05,760
and we have security on site Monday

1222
01:13:05,760 --> 01:13:08,640
through Sunday on site foot patrol um

1223
01:13:08,640 --> 01:13:11,600
and uh we dispatched the sheriff and

1224
01:13:11,600 --> 01:13:13,280
unfortunately they declined and said

1225
01:13:13,280 --> 01:13:14,640
that they weren't able to remove the

1226
01:13:14,640 --> 01:13:18,480
individual because he was not intruding

1227
01:13:18,480 --> 01:13:20,080
in our storefronts and he was in the

1228
01:13:20,080 --> 01:13:23,520
common area and we had take that

1229
01:13:23,520 --> 01:13:25,600
negativity experience at our shopping

1230
01:13:25,600 --> 01:13:27,920
centers. So, I I understand what you're

1231
01:13:27,920 --> 01:13:29,440
saying about, you know, the homeless

1232
01:13:29,440 --> 01:13:33,199
concern, but we really do try to

1233
01:13:33,199 --> 01:13:35,760
dispatch sheriffs and get our security

1234
01:13:35,760 --> 01:13:38,800
personnel to escort these individuals

1235
01:13:38,800 --> 01:13:41,440
off of our center, but unfortunately, we

1236
01:13:41,440 --> 01:13:43,600
have limited rights as a landlord and a

1237
01:13:43,600 --> 01:13:46,000
shopping center owner. So, I I hear you

1238
01:13:46,000 --> 01:13:48,719
guys and we appreciate the feedback, but

1239
01:13:48,719 --> 01:13:50,239
I would just say that we're still trying

1240
01:13:50,239 --> 01:13:53,520
to do this in good faith. So,

1241
01:13:53,520 --> 01:13:54,719
>> I have a question. What's your parking

1242
01:13:54,719 --> 01:14:05,750
per thousand?

1243
01:14:05,760 --> 01:14:10,390
» Needless to say, they're not adding.

1244
01:14:10,400 --> 01:14:14,400
» Um, does your security do any type of

1245
01:14:14,400 --> 01:14:15,280
enforcement or

1246
01:14:15,280 --> 01:14:18,239
>> they do they do and and uh we get a lot

1247
01:14:18,239 --> 01:14:21,600
of push back. We get a lot of uh

1248
01:14:21,600 --> 01:14:23,440
interactions with our customers that get

1249
01:14:23,440 --> 01:14:27,120
upset. We actually got um we actually

1250
01:14:27,120 --> 01:14:30,000
got excessive voicemails from a Patreon

1251
01:14:30,000 --> 01:14:32,640
or it was it wasn't even a Patreon. Um

1252
01:14:32,640 --> 01:14:34,960
and they kept calling and leaving very

1253
01:14:34,960 --> 01:14:36,880
aggressive voicemails to us saying that

1254
01:14:36,880 --> 01:14:38,719
they were a customer in fact that they

1255
01:14:38,719 --> 01:14:41,040
were not and they were living in their

1256
01:14:41,040 --> 01:14:43,679
vehicle and we requested that they We

1257
01:14:43,679 --> 01:14:46,320
have security cameras. Uh we look at

1258
01:14:46,320 --> 01:14:49,199
them daily. Uh we have security reports.

1259
01:14:49,199 --> 01:14:51,360
I like I said, we're constantly there.

1260
01:14:51,360 --> 01:14:54,320
So I understand.

1261
01:14:54,320 --> 01:14:57,199
>> How many toes did you do last month?

1262
01:14:57,199 --> 01:14:59,360
>> Well, unfortunately, when we get to the

1263
01:14:59,360 --> 01:15:01,440
point where we tow, they either they

1264
01:15:01,440 --> 01:15:05,440
either leave aggressively upset um they

1265
01:15:05,440 --> 01:15:08,159
vandalize our property and we throw all

1266
01:15:08,159 --> 01:15:10,400
their trash out and then now our dayter

1267
01:15:10,400 --> 01:15:13,040
has to clean it up. We have on site at

1268
01:15:13,040 --> 01:15:16,239
least 12 hours a day. Um, Monday through

1269
01:15:16,239 --> 01:15:18,000
Friday, Monday through Sunday, 12 hours

1270
01:15:18,000 --> 01:15:23,350
a day. So, I

1271
01:15:23,360 --> 01:15:25,600
also your cleaning crew is excellent. I

1272
01:15:25,600 --> 01:15:27,679
see them working all the time. I wave to

1273
01:15:27,679 --> 01:15:31,120
them. They're fantastic. The security

1274
01:15:31,120 --> 01:15:35,120
officers, I give them a thumbs down. Um,

1275
01:15:35,120 --> 01:15:39,030
they don't do anything

1276
01:15:39,040 --> 01:15:40,800
afternoon. It would have been vastly

1277
01:15:40,800 --> 01:15:42,719
different than whatever you saw today.

1278
01:15:42,719 --> 01:15:46,560
They do zero to remove disruptive people

1279
01:15:46,560 --> 01:15:51,830
and um they focus on

1280
01:15:51,840 --> 01:15:54,719
people that are actually dining not to

1281
01:15:54,719 --> 01:15:57,280
sit on a certain bench or something. Um

1282
01:15:57,280 --> 01:15:59,760
they're really

1283
01:15:59,760 --> 01:16:01,360
and and it would be great if we could

1284
01:16:01,360 --> 01:16:04,400
get Malibu City to give citations to

1285
01:16:04,400 --> 01:16:06,480
people that are parked for longer than a

1286
01:16:06,480 --> 01:16:09,600
certain amount of time. I possible is

1287
01:16:09,600 --> 01:16:10,239
that

1288
01:16:10,239 --> 01:16:11,760
>> I think that's up to the center. That's

1289
01:16:11,760 --> 01:16:13,040
their

1290
01:16:13,040 --> 01:16:14,960
>> They don't can't give citations on

1291
01:16:14,960 --> 01:16:19,430
private property

1292
01:16:19,440 --> 01:16:21,360
they can if there's proper signage.

1293
01:16:21,360 --> 01:16:23,840
>> They cannot give citations on private

1294
01:16:23,840 --> 01:16:30,229
property

1295
01:16:30,239 --> 01:16:33,280
the type of telling activity is on uh in

1296
01:16:33,280 --> 01:16:36,159
the public rights that that Commissioner

1297
01:16:36,159 --> 01:16:39,520
C is referring to. So just um thank you

1298
01:16:39,520 --> 01:16:43,920
very much. Um commissioners, do we

1299
01:16:43,920 --> 01:16:46,400
where you guys at? I would make I would

1300
01:16:46,400 --> 01:16:48,159
consider a motion for a continuence

1301
01:16:48,159 --> 01:16:49,679
pending their conversation with their

1302
01:16:49,679 --> 01:16:50,480
other tenants.

1303
01:16:50,480 --> 01:16:52,719
>> I would second that.

1304
01:16:52,719 --> 01:16:55,520
>> I don't I just don't know. I I don't

1305
01:16:55,520 --> 01:16:56,960
think that just to the applicant, I

1306
01:16:56,960 --> 01:16:58,880
don't think that we have enough in front

1307
01:16:58,880 --> 01:17:00,400
of us to make I think right now if you

1308
01:17:00,400 --> 01:17:02,719
were to go to a vote um you would be

1309
01:17:02,719 --> 01:17:05,920
getting a deny. So I think it's in your

1310
01:17:05,920 --> 01:17:07,440
best

1311
01:17:07,440 --> 01:17:09,360
figure out what your resolution is going

1312
01:17:09,360 --> 01:17:11,120
to be with your other tenant and maybe

1313
01:17:11,120 --> 01:17:13,120
that gives you some sort of a better

1314
01:17:13,120 --> 01:17:15,440
timeline on when this can happen. I

1315
01:17:15,440 --> 01:17:18,000
don't think that as a business we

1316
01:17:18,000 --> 01:17:19,679
necessarily have issues with the yogurt

1317
01:17:19,679 --> 01:17:24,080
plate. It's the real issue is simply the threshold of the formula retail and

1318
01:17:24,080 --> 01:17:26,239
not being a sensitive issue for our

1319
01:17:26,239 --> 01:17:28,159
community and not really finding being

1320
01:17:28,159 --> 01:17:29,679
able to make the findings in regards to

1321
01:17:29,679 --> 01:17:32,480
the hardship. Um I think that's kind of

1322
01:17:32,480 --> 01:17:33,600
where we're at. So

1323
01:17:33,600 --> 01:17:37,760
>> well I'll I'll second that. We specified

1324
01:17:37,760 --> 01:17:42,159
that we need hard evidence, not just

1325
01:17:42,159 --> 01:17:43,520
>> we need hard evidence if they're coming

1326
01:17:43,520 --> 01:17:44,800
back for something that's going to push

1327
01:17:44,800 --> 01:17:46,000
them over. But if they're coming back

1328
01:17:46,000 --> 01:17:48,000
for something that they're not over

1329
01:17:48,000 --> 01:17:49,920
Tesla writes a letter say we're out of

1330
01:17:49,920 --> 01:17:50,719
here.

1331
01:17:50,719 --> 01:17:53,840
>> Well, I mean, it's like them promising

1332
01:17:53,840 --> 01:17:54,960
to plant.

1333
01:17:54,960 --> 01:17:59,590
>> There's also a wall

1334
01:17:59,600 --> 01:18:02,239
of green and they never planted things

1335
01:18:02,239 --> 01:18:03,920
like that. Um, I actually do think that

1336
01:18:03,920 --> 01:18:05,440
they did do the green walls because I

1337
01:18:05,440 --> 01:18:06,480
was there the other day using the

1338
01:18:06,480 --> 01:18:10,000
restroom and I saw them. So, hold

1339
01:18:10,000 --> 01:18:12,000
motion.

1340
01:18:12,000 --> 01:18:14,080
>> It's not formally on the table yet.

1341
01:18:14,080 --> 01:18:16,719
>> We have a motion in a second to continue

1342
01:18:16,719 --> 01:18:24,229
it until after they speak with

1343
01:18:24,239 --> 01:18:25,920
so there's also I mean I don't know

1344
01:18:25,920 --> 01:18:28,159
where this plays in, but there's also

1345
01:18:28,159 --> 01:18:30,960
the option just to downsize. I mean, I

1346
01:18:30,960 --> 01:18:33,199
don't know what Tesla, you know, what

1347
01:18:33,199 --> 01:18:35,040
the negotiations are and it's unified

1348
01:18:35,040 --> 01:18:38,239
business, but you know, to shave off

1349
01:18:38,239 --> 01:18:40,239
409.

1350
01:18:40,239 --> 01:18:43,120
>> Yeah. I mean, that's their their

1351
01:18:43,120 --> 01:18:44,560
conversation to have. We don't know the

1352
01:18:44,560 --> 01:18:47,120
answer to that. I think it's in their

1353
01:18:47,120 --> 01:18:51,920
best interest probably at this point to go with a continuence. And I'll make

1354
01:18:51,920 --> 01:18:53,600
the motion and John is seconding that. I

1355
01:18:53,600 --> 01:18:56,800
don't think we need a date certain. Um

1356
01:18:56,800 --> 01:19:00,159
Oh, you seconded it. Sorry. But um I

1357
01:19:00,159 --> 01:19:01,520
think that that's sort of up to the

1358
01:19:01,520 --> 01:19:02,800
applicant to be in touch with the

1359
01:19:02,800 --> 01:19:04,880
planning department

1360
01:19:04,880 --> 01:19:07,440
based on their conversation, you know,

1361
01:19:07,440 --> 01:19:08,719
and if they come up with any other

1362
01:19:08,719 --> 01:19:10,000
hardship and they want to come back

1363
01:19:10,000 --> 01:19:13,040
before us with the situation the way it

1364
01:19:13,040 --> 01:19:15,600
is now, you have a general read on where

1365
01:19:15,600 --> 01:19:18,800
it's at. So

1366
01:19:18,800 --> 01:19:21,040
>> I do think it's a good fit for the

1367
01:19:21,040 --> 01:19:26,709
community, you know,

1368
01:19:26,719 --> 01:19:29,750
» that's what

1369
01:19:29,760 --> 01:19:32,480
Thank you, John. So, Rebecca, do you

1370
01:19:32,480 --> 01:19:38,390
have enough

1371
01:19:38,400 --> 01:19:41,760
to date of October 5th, 2020? Sure,

1372
01:19:41,760 --> 01:19:45,750
that's fine.

1373
01:19:45,760 --> 01:19:48,560
» Continuence to the middle of October,

1374
01:19:48,560 --> 01:19:49,840
>> October 5th,

1375
01:19:49,840 --> 01:19:51,440
>> sorry, beginning of October. Is that

1376
01:19:51,440 --> 01:19:52,640
acceptable?

1377
01:19:52,640 --> 01:20:00,470
>> Yeah. Come up to the mic.

1378
01:20:00,480 --> 01:20:02,080
I just wanted to bring up what we've

1379
01:20:02,080 --> 01:20:06,149
gone through the last

1380
01:20:06,159 --> 01:20:07,520
we understand that I think this is

1381
01:20:07,520 --> 01:20:09,040
specific in regards to the

1382
01:20:09,040 --> 01:20:10,880
>> we have a time we have a time issue you

1383
01:20:10,880 --> 01:20:12,560
know we've been going through this for a

1384
01:20:12,560 --> 01:20:15,840
long time we actually have approval we

1385
01:20:15,840 --> 01:20:18,480
help approval we're ready to start

1386
01:20:18,480 --> 01:20:23,520
building this project so you know

1387
01:20:23,520 --> 01:20:24,800
if we would have known this from the

1388
01:20:24,800 --> 01:20:25,920
very

1389
01:20:25,920 --> 01:20:27,280
This would have been a little bit easier

1390
01:20:27,280 --> 01:20:27,760
to deal with.

1391
01:20:27,760 --> 01:20:29,120
>> Understood.

1392
01:20:29,120 --> 01:20:31,120
>> But we just heard about this

1393
01:20:31,120 --> 01:20:32,159
>> recently.

1394
01:20:32,159 --> 01:20:32,800
>> Correct.

1395
01:20:32,800 --> 01:20:36,400
>> So, um I mean I don't there's nothing

1396
01:20:36,400 --> 01:20:37,840
none of their permits or anything

1397
01:20:37,840 --> 01:20:40,560
they've already had would expire or any

1398
01:20:40,560 --> 01:20:42,239
of that. We can add this time onto

1399
01:20:42,239 --> 01:20:43,040
there.

1400
01:20:43,040 --> 01:20:44,239
>> They just don't they don't have a valid

1401
01:20:44,239 --> 01:20:44,800
permit right now.

1402
01:20:44,800 --> 01:20:45,840
>> They don't have a valid.

1403
01:20:45,840 --> 01:20:47,040
>> Correct. Because they need a form of

1404
01:20:47,040 --> 01:20:47,840
retail

1405
01:20:47,840 --> 01:20:50,400
>> in order to get that. Okay.

1406
01:20:50,400 --> 01:20:52,080
Yeah, we have all of our clearances

1407
01:20:52,080 --> 01:20:55,360
except for planning.

1408
01:20:55,360 --> 01:20:56,480
>> Correct. And planning is going to

1409
01:20:56,480 --> 01:20:57,840
dictate whether or not any of the other

1410
01:20:57,840 --> 01:20:59,679
ones can happen. So,

1411
01:20:59,679 --> 01:21:01,199
>> I think it's in your guys best interest

1412
01:21:01,199 --> 01:21:03,280
to do the continuence to the beginning

1413
01:21:03,280 --> 01:21:06,000
of October, work out whatever that is

1414
01:21:06,000 --> 01:21:07,280
with the tenant. Even if you come back

1415
01:21:07,280 --> 01:21:08,800
and you say, "Hey, the lease is

1416
01:21:08,800 --> 01:21:10,800
terminating. You know, the tenants's

1417
01:21:10,800 --> 01:21:13,280
going to be out on set date. You know,

1418
01:21:13,280 --> 01:21:16,080
you grant us the approval so we can get

1419
01:21:16,080 --> 01:21:17,600
our construction going and everything

1420
01:21:17,600 --> 01:21:19,760
else and get to a place where we're

1421
01:21:19,760 --> 01:21:25,030
opening after that is operation.

1422
01:21:25,040 --> 01:21:27,360
Okay. All right. So, can we have a roll

1423
01:21:27,360 --> 01:21:29,840
call?

1424
01:21:29,840 --> 01:21:31,840
>> Okay. So, the motion that you're voting

1425
01:21:31,840 --> 01:21:34,239
on is for continuence to date certain of

1426
01:21:34,239 --> 01:21:38,229
October 5th, 202.

1427
01:21:38,239 --> 01:21:39,440
» Yes.

1428
01:21:39,440 --> 01:21:41,760
>> Commissioner,

1429
01:21:41,760 --> 01:21:43,040
>> yes.

1430
01:21:43,040 --> 01:21:44,480
>> Commissioner Leonard,

1431
01:21:44,480 --> 01:21:59,750
>> yes. Commissioner, sorry.

1432
01:21:59,760 --> 01:22:01,760
» Thank you. Um, all right. So, we're now

1433
01:22:01,760 --> 01:22:03,600
on 5B.

1434
01:22:03,600 --> 01:22:05,520
Uh,

1435
01:22:05,520 --> 01:22:09,600
coastal development permit policies fire

1436
01:22:09,600 --> 01:22:11,120
25-001

1437
01:22:11,120 --> 01:22:13,840
streamline modification review 26.002

1438
01:22:13,840 --> 01:22:15,679
an application to construct a new single

1439
01:22:15,679 --> 01:22:17,920
family residence and associated

1440
01:22:17,920 --> 01:22:20,480
development at 21844 Pacific Coast

1441
01:22:20,480 --> 01:22:26,390
Highway.

1442
01:22:26,400 --> 01:22:27,360
Is that remote?

1443
01:22:27,360 --> 01:22:29,040
>> Yeah, we're

1444
01:22:29,040 --> 01:22:46,950
Rick

1445
01:22:46,960 --> 01:23:19,430
Yes, you are.

1446
01:23:19,440 --> 01:23:21,520
neighborhood of the city. As we all

1447
01:23:21,520 --> 01:23:23,920
know, this is one of the areas that was

1448
01:23:23,920 --> 01:23:26,960
severely impacted by the power

1449
01:23:26,960 --> 01:23:30,080
back in January 2025.

1450
01:23:30,080 --> 01:23:33,360
So, the application before you

1451
01:23:33,360 --> 01:23:37,280
coastal development permit

1452
01:23:37,280 --> 01:23:41,520
fire the governed

1453
01:23:41,520 --> 01:23:46,149
executive order.

1454
01:23:46,159 --> 01:23:48,639
So, this basically allowed a temporary

1455
01:23:48,639 --> 01:23:51,679
suspension um

1456
01:23:51,679 --> 01:23:57,120
postal relative to I'll next slide just

1457
01:23:57,120 --> 01:24:01,040
quick enough here essentially under that

1458
01:24:01,040 --> 01:24:05,040
executive order uh the property owner

1459
01:24:05,040 --> 01:24:07,120
when it comes to rebuild would be

1460
01:24:07,120 --> 01:24:09,199
allowed

1461
01:24:09,199 --> 01:24:13,920
plus 10% under a planning verification.

1462
01:24:13,920 --> 01:24:15,920
So actually if we could just quickly go

1463
01:24:15,920 --> 01:24:20,400
back up that slide in this case the

1464
01:24:20,400 --> 01:24:22,320
for

1465
01:24:22,320 --> 01:24:26,800
this course does require local program.

1466
01:24:26,800 --> 01:24:29,600
Next slide please.

1467
01:24:29,600 --> 01:24:33,679
So as I introduced before so the

1468
01:24:33,679 --> 01:24:36,480
executive order does suspend the coastal

1469
01:24:36,480 --> 01:24:45,110
act where again you have this rev

1470
01:24:45,120 --> 01:24:48,639
beach structure does not extend further

1471
01:24:48,639 --> 01:24:50,400
than

1472
01:24:50,400 --> 01:24:53,120
prior to the power.

1473
01:24:53,120 --> 01:24:55,120
So therefore the development including

1474
01:24:55,120 --> 01:24:58,480
adjacent properties

1475
01:24:58,480 --> 01:25:03,199
point on the beach fire.

1476
01:25:03,199 --> 01:25:06,239
So this effectively gives this a

1477
01:25:06,239 --> 01:25:09,120
streamline and this will essentially

1478
01:25:09,120 --> 01:25:12,159
become a recurring fee

1479
01:25:12,159 --> 01:25:15,600
for the final commission as it projects

1480
01:25:15,600 --> 01:25:18,000
and applications going forward where

1481
01:25:18,000 --> 01:25:27,750
people building.

1482
01:25:27,760 --> 01:25:29,920
So, as I mentioned, this is located in

1483
01:25:29,920 --> 01:25:32,960
the Canyon

1484
01:25:32,960 --> 01:25:35,760
property just zoomed in there on the

1485
01:25:35,760 --> 01:25:42,960
right. It's located just south of road

1486
01:25:42,960 --> 01:25:48,149
and the property is located

1487
01:25:48,159 --> 01:25:51,270
next.

1488
01:25:51,280 --> 01:25:55,199
So we can see the on this is the

1489
01:25:55,199 --> 01:25:59,520
existing conditions

1490
01:25:59,520 --> 01:26:01,920
which will be shown in a later slide.

1491
01:26:01,920 --> 01:26:04,159
Over on the right you'll see the little

1492
01:26:04,159 --> 01:26:07,840
star there. That's essentially what the

1493
01:26:07,840 --> 01:26:10,800
You can see

1494
01:26:10,800 --> 01:26:12,880
the property

1495
01:26:12,880 --> 01:26:14,480
right

1496
01:26:14,480 --> 01:26:17,040
there.

1497
01:26:17,040 --> 01:26:20,159
This is currently a vacant block.

1498
01:26:20,159 --> 01:26:26,229
because of fire

1499
01:26:26,239 --> 01:26:29,590
resite.

1500
01:26:29,600 --> 01:26:35,280
It's a small beach here in neighborhood

1501
01:26:35,280 --> 01:26:41,030
52.

1502
01:26:41,040 --> 01:26:43,760
So looking at the proposed project the

1503
01:26:43,760 --> 01:26:47,120
construction is proposing to construct a

1504
01:26:47,120 --> 01:26:51,110
new 2019

1505
01:26:51,120 --> 01:26:57,270
single family resusive

1506
01:26:57,280 --> 01:26:58,880
garage.

1507
01:26:58,880 --> 01:27:00,560
Additionally,

1508
01:27:00,560 --> 01:27:04,470
modification

1509
01:27:04,480 --> 01:27:11,110
building

1510
01:27:11,120 --> 01:27:16,560
up to the nearest corner of the next

1511
01:27:16,560 --> 01:27:27,750
property that's the east of immediately.

1512
01:27:27,760 --> 01:27:31,360
A rooftop deck has been a max height of

1513
01:27:31,360 --> 01:27:38,470
24

1514
01:27:38,480 --> 01:27:42,080
space. Additionally, there's both first

1515
01:27:42,080 --> 01:27:51,910
and second floors, a spa, a new on

1516
01:27:51,920 --> 01:27:56,880
the two foot wide.

1517
01:27:56,880 --> 01:28:02,149
property where

1518
01:28:02,159 --> 01:28:11,430
the next

1519
01:28:11,440 --> 01:28:26,709
property

1520
01:28:26,719 --> 01:28:34,310
garage as well as the location.

1521
01:28:34,320 --> 01:28:36,880
So in reviewing the streamline

1522
01:28:36,880 --> 01:28:39,199
modification

1523
01:28:39,199 --> 01:28:42,239
request here, you can see the prefire

1524
01:28:42,239 --> 01:28:49,030
string line there.

1525
01:28:49,040 --> 01:28:52,800
And you can see how this line basically

1526
01:28:52,800 --> 01:28:55,280
cuts back

1527
01:28:55,280 --> 01:28:57,679
as we measure to

1528
01:28:57,679 --> 01:28:59,679
40.

1529
01:28:59,679 --> 01:29:02,719
Next slide, please.

1530
01:29:02,719 --> 01:29:08,310
is proposing you can see here.

1531
01:29:08,320 --> 01:29:11,760
So they are

1532
01:29:11,760 --> 01:29:14,870
down

1533
01:29:14,880 --> 01:29:24,229
and then below that you'll see

1534
01:29:24,239 --> 01:29:29,510
previously there.

1535
01:29:29,520 --> 01:29:32,719
Next slide please.

1536
01:29:32,719 --> 01:29:37,910
So with this one you can see here

1537
01:29:37,920 --> 01:29:42,320
and this is it relates to the prevailing

1538
01:29:42,320 --> 01:29:44,800
string line.

1539
01:29:44,800 --> 01:29:51,430
So you can see that this line

1540
01:29:51,440 --> 01:29:55,990
behind what's

1541
01:29:56,000 --> 01:29:58,560
building there. So it's definitely

1542
01:29:58,560 --> 01:30:06,790
keeping with the overall Obviously

1543
01:30:06,800 --> 01:30:12,550
located

1544
01:30:12,560 --> 01:30:15,760
next slide.

1545
01:30:15,760 --> 01:30:19,280
So uh the property does have a lateral

1546
01:30:19,280 --> 01:30:23,360
access. It's essentially

1547
01:30:23,360 --> 01:30:25,280
required by the commission. This was

1548
01:30:25,280 --> 01:30:32,790
back in 1976. So it's 25.

1549
01:30:32,800 --> 01:30:37,189
So this basically allows

1550
01:30:37,199 --> 01:30:44,470
accessorine

1551
01:30:44,480 --> 01:30:55,990
there. All proposed development

1552
01:30:56,000 --> 01:31:07,750
access.

1553
01:31:07,760 --> 01:31:14,550
of the access.

1554
01:31:14,560 --> 01:31:17,120
The city has also received confirmation

1555
01:31:17,120 --> 01:31:25,430
from the state.

1556
01:31:25,440 --> 01:31:27,920
So this is really just a reference point

1557
01:31:27,920 --> 01:31:30,639
here.

1558
01:31:30,639 --> 01:31:33,040
First on the left, second floor in the

1559
01:31:33,040 --> 01:31:36,560
middle here as well as the roof there

1560
01:31:36,560 --> 01:31:48,629
with the rooftop.

1561
01:31:48,639 --> 01:31:57,910
And then balcony

1562
01:31:57,920 --> 01:32:03,590
again I'll Skip through these again

1563
01:32:03,600 --> 01:32:11,030
just showing how

1564
01:32:11,040 --> 01:32:24,310
he is included.

1565
01:32:24,320 --> 01:32:26,000
Please.

1566
01:32:26,000 --> 01:32:28,000
The section here just shows us the

1567
01:32:28,000 --> 01:32:31,600
location of that wall as a protective

1568
01:32:31,600 --> 01:32:37,350
device.

1569
01:32:37,360 --> 01:32:49,350
This also

1570
01:32:49,360 --> 01:32:57,669
just quick

1571
01:32:57,679 --> 01:33:01,840
view here is taken

1572
01:33:01,840 --> 01:33:04,639
west along the beach there. You can see

1573
01:33:04,639 --> 01:33:08,159
effectively kind of the ghost

1574
01:33:08,159 --> 01:33:12,470
of what

1575
01:33:12,480 --> 01:33:15,199
residences were to rebuild as they

1576
01:33:15,199 --> 01:33:19,679
previously were seeing

1577
01:33:19,679 --> 01:33:21,360
that

1578
01:33:21,360 --> 01:33:24,480
down below. You can see

1579
01:33:24,480 --> 01:33:30,310
here

1580
01:33:30,320 --> 01:33:33,520
relative to previously existing

1581
01:33:33,520 --> 01:33:36,709
structures.

1582
01:33:36,719 --> 01:33:47,270
the ability to come

1583
01:33:47,280 --> 01:33:58,709
on the right.

1584
01:33:58,719 --> 01:34:03,990
Thus far

1585
01:34:04,000 --> 01:34:13,750
this evening but

1586
01:34:13,760 --> 01:34:16,639
The recommendation staff is to adopt

1587
01:34:16,639 --> 01:34:31,990
resolution.

1588
01:34:32,000 --> 01:34:34,159
As always, we'll remain available for

1589
01:34:34,159 --> 01:34:36,400
any questions you might Thank you very

1590
01:34:36,400 --> 01:34:37,040
much.

1591
01:34:37,040 --> 01:34:39,360
>> Thank you, Rick. Um, disclosures

1592
01:34:39,360 --> 01:34:48,709
everybody.

1593
01:34:48,719 --> 01:34:53,040
All right. None.

1594
01:34:53,040 --> 01:34:58,480
Doug Fresh in the house.

1595
01:34:58,480 --> 01:35:01,199
We have 15 minutes,

1596
01:35:01,199 --> 01:35:02,800
correct?

1597
01:35:02,800 --> 01:35:04,320
>> All right. Good evening, commissioners.

1598
01:35:04,320 --> 01:35:05,840
Thank you for taking the time to hear

1599
01:35:05,840 --> 01:35:08,320
our project. Uh, first, I want to thank

1600
01:35:08,320 --> 01:35:10,639
staff for doing an excellent job. Um,

1601
01:35:10,639 --> 01:35:13,280
this is an interesting project for us,

1602
01:35:13,280 --> 01:35:15,120
especially being a fire rebuild, and we

1603
01:35:15,120 --> 01:35:16,800
are doing our fair share of fire

1604
01:35:16,800 --> 01:35:19,040
rebuilds. This is the first CDP fire

1605
01:35:19,040 --> 01:35:22,239
rebuild, and the conversation really

1606
01:35:22,239 --> 01:35:23,679
hinges, and we've had a lot of

1607
01:35:23,679 --> 01:35:25,920
architects actually looking at this

1608
01:35:25,920 --> 01:35:27,520
meeting tonight and a lot of homeowners

1609
01:35:27,520 --> 01:35:30,800
looking tonight because the situation on

1610
01:35:30,800 --> 01:35:33,440
the fire we built on the beach is crazy.

1611
01:35:33,440 --> 01:35:35,040
And it's mainly coming down to people

1612
01:35:35,040 --> 01:35:36,400
are starting to get bids on their

1613
01:35:36,400 --> 01:35:39,360
pricing and they're building podiums,

1614
01:35:39,360 --> 01:35:42,000
concrete podiums, seaw walls, septic

1615
01:35:42,000 --> 01:35:43,600
systems,

1616
01:35:43,600 --> 01:35:45,120
and spending. It doesn't matter what

1617
01:35:45,120 --> 01:35:46,880
size the house. These old lots that are

1618
01:35:46,880 --> 01:35:48,639
40 ft wide, they're spending anywhere

1619
01:35:48,639 --> 01:35:51,120
from 1.8 to 2.5 million. They haven't

1620
01:35:51,120 --> 01:35:53,440
started their house yet. It's crazy.

1621
01:35:53,440 --> 01:35:54,560
They're spending all their insurance

1622
01:35:54,560 --> 01:35:56,320
monies going into the ground. they

1623
01:35:56,320 --> 01:35:58,960
haven't started their house yet. So,

1624
01:35:58,960 --> 01:36:01,120
what we're up against is that would for

1625
01:36:01,120 --> 01:36:02,880
this client in particular, you know,

1626
01:36:02,880 --> 01:36:05,360
would have been PB plus 10% would have

1627
01:36:05,360 --> 01:36:08,239
been maybe a 2100 foot house. We said

1628
01:36:08,239 --> 01:36:09,440
we're going to take it to the planning

1629
01:36:09,440 --> 01:36:11,840
commission. We feel that that once it

1630
01:36:11,840 --> 01:36:13,199
gets to the planning commission, not

1631
01:36:13,199 --> 01:36:15,280
asking any favors, but we know that we

1632
01:36:15,280 --> 01:36:17,600
can provide a full compliance project,

1633
01:36:17,600 --> 01:36:19,199
but get a project, and again, this is

1634
01:36:19,199 --> 01:36:20,639
not a big house. We go all the way to

1635
01:36:20,639 --> 01:36:24,239
maybe 2,900. So, that extra 800 ft is

1636
01:36:24,239 --> 01:36:26,400
huge. It means they don't have to do a

1637
01:36:26,400 --> 01:36:28,480
two-step process. Maybe do the PB plus

1638
01:36:28,480 --> 01:36:30,960
10, maybe do a CDP later. They can get

1639
01:36:30,960 --> 01:36:32,560
this done once we can get under

1640
01:36:32,560 --> 01:36:34,880
construction. So, this is a big step.

1641
01:36:34,880 --> 01:36:36,400
to come here before

1642
01:36:36,400 --> 01:36:38,480
today knowing this is a CDP for fiery

1643
01:36:38,480 --> 01:36:41,120
rey because we are telling people and

1644
01:36:41,120 --> 01:36:42,800
they're asking how much longer is it

1645
01:36:42,800 --> 01:36:44,560
going to take knowing that we can also

1646
01:36:44,560 --> 01:36:46,159
be appealed to this the coastal

1647
01:36:46,159 --> 01:36:47,840
commission and that's one of the things

1648
01:36:47,840 --> 01:36:48,800
because they've been sitting up there

1649
01:36:48,800 --> 01:36:50,320
and not been able to do anything about

1650
01:36:50,320 --> 01:36:53,280
it on any of these projects. But as you

1651
01:36:53,280 --> 01:36:55,199
know, our health and our geology

1652
01:36:55,199 --> 01:36:56,719
department full compliance with all

1653
01:36:56,719 --> 01:36:58,719
brand new septic systems, brand new seaw

1654
01:36:58,719 --> 01:37:00,800
walls and brand new foundation systems.

1655
01:37:00,800 --> 01:37:02,639
The best systems out there these other

1656
01:37:02,639 --> 01:37:04,639
systems as you know were over 100 years

1657
01:37:04,639 --> 01:37:07,679
old in some cases. Brand new stuff. It's

1658
01:37:07,679 --> 01:37:10,239
financial but it's also makes sense. I

1659
01:37:10,239 --> 01:37:12,960
mean we started the process 15 months.

1660
01:37:12,960 --> 01:37:16,000
We started this process in about May of

1661
01:37:16,000 --> 01:37:18,239
2025. We're now at 15 months. This is

1662
01:37:18,239 --> 01:37:20,239
like world record territory when people

1663
01:37:20,239 --> 01:37:22,239
say that oh it's typically as we all

1664
01:37:22,239 --> 01:37:24,159
know two or three years to get to a CDP

1665
01:37:24,159 --> 01:37:27,280
in the city of Malibu. So if we can take

1666
01:37:27,280 --> 01:37:29,679
some extra time and maybe make it maybe

1667
01:37:29,679 --> 01:37:31,440
six months more whatever the time would

1668
01:37:31,440 --> 01:37:33,920
be to actually apply for a CDP this is

1669
01:37:33,920 --> 01:37:36,480
groundbreaking for the city of Malibu.

1670
01:37:36,480 --> 01:37:38,239
And so we want to stress that this

1671
01:37:38,239 --> 01:37:40,480
particular job which was a fun piece of

1672
01:37:40,480 --> 01:37:42,159
architecture as far as I'm concerned as

1673
01:37:42,159 --> 01:37:44,719
an architect and a great client. It's

1674
01:37:44,719 --> 01:37:46,080
really a more of a breakthrough

1675
01:37:46,080 --> 01:37:49,119
situation. So we work with the staff,

1676
01:37:49,119 --> 01:37:51,040
excellent job on describing all the

1677
01:37:51,040 --> 01:37:52,880
conditions, but the thing as a planning

1678
01:37:52,880 --> 01:37:54,239
commission what you need to consider is

1679
01:37:54,239 --> 01:37:56,080
that there should almost be encouraged

1680
01:37:56,080 --> 01:37:58,239
in some cases because full compliance

1681
01:37:58,239 --> 01:38:01,199
means more off street parking spaces.

1682
01:38:01,199 --> 01:38:02,800
Otherwise, they're grandfathering in

1683
01:38:02,800 --> 01:38:05,280
parking. We had two spaces before. We're

1684
01:38:05,280 --> 01:38:07,440
now at four where we're supposed to be.

1685
01:38:07,440 --> 01:38:09,760
No corridor on the sideyard setbacks.

1686
01:38:09,760 --> 01:38:11,360
The fire department can walk around this

1687
01:38:11,360 --> 01:38:13,679
house. Everything is fully compliant for

1688
01:38:13,679 --> 01:38:15,520
all our seven departments we have to go

1689
01:38:15,520 --> 01:38:17,520
to. So now we're building a better

1690
01:38:17,520 --> 01:38:20,239
house. What most houses are our fiery

1691
01:38:20,239 --> 01:38:21,520
builds are getting away with the

1692
01:38:21,520 --> 01:38:23,600
grandfather. This is what I had before.

1693
01:38:23,600 --> 01:38:25,119
Yes, we have the bulk and mass that we

1694
01:38:25,119 --> 01:38:26,719
have to consider which was the city

1695
01:38:26,719 --> 01:38:28,800
council part of it that was added um

1696
01:38:28,800 --> 01:38:31,679
after about six months of design. But

1697
01:38:31,679 --> 01:38:34,639
when we can go fully compliant with a

1698
01:38:34,639 --> 01:38:36,800
little more in the system, I think it's

1699
01:38:36,800 --> 01:38:38,800
a much better project. It's really what

1700
01:38:38,800 --> 01:38:42,159
should be on the beach. Now we can P

1701
01:38:42,159 --> 01:38:44,880
plus 10. Great. Everyone's entitled to

1702
01:38:44,880 --> 01:38:46,880
that. We hope with this planning

1703
01:38:46,880 --> 01:38:48,719
commission having an attitude where we

1704
01:38:48,719 --> 01:38:51,199
can look at these projects and if we can

1705
01:38:51,199 --> 01:38:53,119
look at them by speed and I can say a

1706
01:38:53,119 --> 01:38:55,280
little bit more time we can actually get

1707
01:38:55,280 --> 01:38:58,400
to a CDP and you can build then maybe

1708
01:38:58,400 --> 01:39:00,159
what you want to build which in our case

1709
01:39:00,159 --> 01:39:02,719
is 300 on a 40 foot wide lot which is

1710
01:39:02,719 --> 01:39:04,560
around an average house size for a beach

1711
01:39:04,560 --> 01:39:06,480
home. They're not 10,000 foot homes.

1712
01:39:06,480 --> 01:39:09,040
We're not comping lots here. So we think

1713
01:39:09,040 --> 01:39:10,800
it's a modest project. We think it's a

1714
01:39:10,800 --> 01:39:13,360
better project for you to approve. Um

1715
01:39:13,360 --> 01:39:15,840
and there's only a things that I wanted

1716
01:39:15,840 --> 01:39:17,760
to point out that are very interesting

1717
01:39:17,760 --> 01:39:20,480
anomalies in our code and they apply to

1718
01:39:20,480 --> 01:39:22,000
two separate things and I know you've

1719
01:39:22,000 --> 01:39:23,199
heard this before and I don't know

1720
01:39:23,199 --> 01:39:24,880
whether or not this is a racist thing

1721
01:39:24,880 --> 01:39:26,320
but I do want the planning commission to

1722
01:39:26,320 --> 01:39:29,440
be aware of this is that from our codes

1723
01:39:29,440 --> 01:39:32,960
the MMC says that homes could be 24 ft

1724
01:39:32,960 --> 01:39:36,560
24 flat roof 28 sloping roof but when

1725
01:39:36,560 --> 01:39:38,719
the LI was developed they created a

1726
01:39:38,719 --> 01:39:40,239
section for beachrone homes where you

1727
01:39:40,239 --> 01:39:43,440
can go to 25 and that 25 ft is one extra

1728
01:39:43,440 --> 01:39:46,080
foot has to be permeable. It's a guard

1729
01:39:46,080 --> 01:39:49,119
rail case only for deck that you can

1730
01:39:49,119 --> 01:39:51,119
have it see through. So the person maybe

1731
01:39:51,119 --> 01:39:54,080
across the street has the 24 foot height

1732
01:39:54,080 --> 01:39:56,080
limit. They got that to go the extra

1733
01:39:56,080 --> 01:39:58,320
foot. The problem is the planning

1734
01:39:58,320 --> 01:40:00,560
department can't make that call. They

1735
01:40:00,560 --> 01:40:02,239
always have to go back. Well, you're

1736
01:40:02,239 --> 01:40:04,000
going to have to ask for a modification

1737
01:40:04,000 --> 01:40:05,520
or variance to try to get that extra

1738
01:40:05,520 --> 01:40:07,280
foot. There's something wrong in our

1739
01:40:07,280 --> 01:40:09,280
code. And there a small little piece

1740
01:40:09,280 --> 01:40:11,040
between I go through this with Tyler and

1741
01:40:11,040 --> 01:40:13,119
their staff all the time that we have to

1742
01:40:13,119 --> 01:40:15,280
work this out. by an amendment or

1743
01:40:15,280 --> 01:40:17,199
something in our code that allows the

1744
01:40:17,199 --> 01:40:18,639
beachfront homes to apply for this

1745
01:40:18,639 --> 01:40:20,239
without the planning department

1746
01:40:20,239 --> 01:40:22,400
declaring that oh it's safe. This

1747
01:40:22,400 --> 01:40:25,119
project is only asking for 24 but we

1748
01:40:25,119 --> 01:40:27,040
should be entitled to 25 because that's

1749
01:40:27,040 --> 01:40:29,199
the way the LI was written. But it's

1750
01:40:29,199 --> 01:40:30,800
that section of the code that well it

1751
01:40:30,800 --> 01:40:32,080
says it in this part of the code and

1752
01:40:32,080 --> 01:40:33,920
that part of the code. So I'd like that

1753
01:40:33,920 --> 01:40:35,840
to be addressed by the planning

1754
01:40:35,840 --> 01:40:37,119
commission that it will affect other

1755
01:40:37,119 --> 01:40:39,600
beachfront builds. It's a huge thing.

1756
01:40:39,600 --> 01:40:41,600
The second thing is the view corridor

1757
01:40:41,600 --> 01:40:43,520
issue. We didn't have a view corridor

1758
01:40:43,520 --> 01:40:46,239
before. If you know per your code, the

1759
01:40:46,239 --> 01:40:48,159
way the view corridor was established in

1760
01:40:48,159 --> 01:40:49,840
the beginning of time when Malibu became

1761
01:40:49,840 --> 01:40:52,639
a city 9394

1762
01:40:52,639 --> 01:40:54,239
by us for the coaster commission. The

1763
01:40:54,239 --> 01:40:56,320
way the view corridor is written, it's

1764
01:40:56,320 --> 01:40:58,960
written as if the center line of PCH

1765
01:40:58,960 --> 01:41:00,880
that point is supposed to be clear all

1766
01:41:00,880 --> 01:41:02,800
the way to the beach. That's the view

1767
01:41:02,800 --> 01:41:04,800
corridor. I said, who was it designed

1768
01:41:04,800 --> 01:41:06,639
for?

1769
01:41:06,639 --> 01:41:08,639
with the design for humans because if it

1770
01:41:08,639 --> 01:41:11,119
was designed for people driving cars and

1771
01:41:11,119 --> 01:41:14,239
walking the corridor would be maybe in

1772
01:41:14,239 --> 01:41:15,920
your car you're 4 and 1/2 ft or three

1773
01:41:15,920 --> 01:41:17,440
and a half feet maybe you're walking or

1774
01:41:17,440 --> 01:41:20,560
5 and 1/2 ft the PL department is back

1775
01:41:20,560 --> 01:41:22,960
in this problem because they're making

1776
01:41:22,960 --> 01:41:25,119
us do everything from that point on the

1777
01:41:25,119 --> 01:41:29,350
ground

1778
01:41:29,360 --> 01:41:32,159
what is their view and it's not meant to

1779
01:41:32,159 --> 01:41:34,159
be for them so the problem is within the

1780
01:41:34,159 --> 01:41:35,760
code and

1781
01:41:35,760 --> 01:41:37,840
Tyler and his department is that the

1782
01:41:37,840 --> 01:41:39,600
view corridor again with the letter of

1783
01:41:39,600 --> 01:41:41,199
the law says it has to be from that

1784
01:41:41,199 --> 01:41:42,960
point. I think it's something that needs

1785
01:41:42,960 --> 01:41:44,960
to be cleared up because it's not meant

1786
01:41:44,960 --> 01:41:46,960
to be I'm sure it's meant to be for

1787
01:41:46,960 --> 01:41:49,360
drivers, pedestrians, people walking,

1788
01:41:49,360 --> 01:41:51,199
driving, getting the view corridor. The

1789
01:41:51,199 --> 01:41:52,560
reason I'm bringing this up real quick

1790
01:41:52,560 --> 01:41:56,159
is because all the new homes are also

1791
01:41:56,159 --> 01:41:58,960
being asked to be hired for the wave up

1792
01:41:58,960 --> 01:42:00,400
rush and their coastal development

1793
01:42:00,400 --> 01:42:04,080
permits. The garages are on PC

1794
01:42:04,080 --> 01:42:06,320
of the The house itself has to be up at

1795
01:42:06,320 --> 01:42:08,719
the level which is usually in some cases

1796
01:42:08,719 --> 01:42:11,440
two to three higher than PCH.

1797
01:42:11,440 --> 01:42:13,600
You have to get up there. So the

1798
01:42:13,600 --> 01:42:15,440
sideyards are a natural place to have

1799
01:42:15,440 --> 01:42:18,320
steps. We've even suggested can those

1800
01:42:18,320 --> 01:42:21,280
steps be open risers so the squirrel can

1801
01:42:21,280 --> 01:42:22,719
maybe have a view through that open

1802
01:42:22,719 --> 01:42:26,400
riser. Okay. But we are not allowed

1803
01:42:26,400 --> 01:42:29,920
that. So you're section of the code is

1804
01:42:29,920 --> 01:42:32,639
stuck with the planners. something that

1805
01:42:32,639 --> 01:42:34,000
I don't know whether or not I know we

1806
01:42:34,000 --> 01:42:36,800
have AC coming up against this is a code

1807
01:42:36,800 --> 01:42:38,320
thing and amendment thing but I just as

1808
01:42:38,320 --> 01:42:40,800
a planning commission these two things

1809
01:42:40,800 --> 01:42:43,119
this new corridor thing very irritating

1810
01:42:43,119 --> 01:42:45,440
interpretation and then the extra foot

1811
01:42:45,440 --> 01:42:46,960
and height we think we should be

1812
01:42:46,960 --> 01:42:49,040
entitled to we'd love to have it and

1813
01:42:49,040 --> 01:42:51,280
again for that you guys know the

1814
01:42:51,280 --> 01:42:52,800
beginning of time when the codes are

1815
01:42:52,800 --> 01:42:55,040
written that extra foot is again when

1816
01:42:55,040 --> 01:42:58,239
you have a deck on a roof extra foot of

1817
01:42:58,239 --> 01:43:01,520
permeable view allowing

1818
01:43:01,520 --> 01:43:03,360
or whatever on just the deck side. The

1819
01:43:03,360 --> 01:43:05,520
decks are always on the as you know when

1820
01:43:05,520 --> 01:43:07,520
you do a house 50% of the house has to

1821
01:43:07,520 --> 01:43:10,400
be one height measured PCH the other 50%

1822
01:43:10,400 --> 01:43:14,400
is measured from the wave oper the side

1823
01:43:14,400 --> 01:43:17,440
of the house. So with that I look

1824
01:43:17,440 --> 01:43:19,520
forward to your comments. We are excited

1825
01:43:19,520 --> 01:43:21,520
to be here. We're ready to answer any

1826
01:43:21,520 --> 01:43:24,560
questions and I look forward to getting

1827
01:43:24,560 --> 01:43:26,480
the first CDP on the beach for a fiery

1828
01:43:26,480 --> 01:43:28,880
vote. Thank you very much.

1829
01:43:28,880 --> 01:43:31,040
>> All right. Thank you.

1830
01:43:31,040 --> 01:43:33,760
online.

1831
01:43:33,760 --> 01:43:35,360
There's one raised hand from Danny

1832
01:43:35,360 --> 01:43:40,149
Smith.

1833
01:43:40,159 --> 01:44:02,870
» Danny, are you there?

1834
01:44:02,880 --> 01:44:04,400
neighbors.

1835
01:44:04,400 --> 01:44:06,719
I think um this house will be shorter

1836
01:44:06,719 --> 01:44:11,520
than many of its neighbors that are

1837
01:44:11,520 --> 01:44:13,119
this could become a template and a

1838
01:44:13,119 --> 01:44:17,760
hopeful sign for um options for CDP

1839
01:44:17,760 --> 01:44:20,560
options if necessary on the beach. So

1840
01:44:20,560 --> 01:44:22,480
please uh please agree tonight. Thank

1841
01:44:22,480 --> 01:44:25,920
you. Thank you, Danny. Doug, do you have

1842
01:44:25,920 --> 01:44:27,040
anything else to add? You have a little

1843
01:44:27,040 --> 01:44:32,310
time left.

1844
01:44:32,320 --> 01:44:34,320
» Well, we might ask call you up anyways,

1845
01:44:34,320 --> 01:44:37,679
but okay. So, the public comment is

1846
01:44:37,679 --> 01:44:42,310
closed.

1847
01:44:42,320 --> 01:44:49,430
Go for it. Okay.

1848
01:44:49,440 --> 01:44:55,910
Rick mentioned that this was

1849
01:44:55,920 --> 01:44:59,199
It's just a designation to track that

1850
01:44:59,199 --> 01:45:00,800
there was there was a house that was

1851
01:45:00,800 --> 01:45:02,800
destroyed.

1852
01:45:02,800 --> 01:45:03,600
This is a CDP.

1853
01:45:03,600 --> 01:45:04,639
>> It's a CDP.

1854
01:45:04,639 --> 01:45:07,679
>> Okay. Um

1855
01:45:07,679 --> 01:45:10,960
then my first question is we changed the

1856
01:45:10,960 --> 01:45:13,119
way we do.

1857
01:45:13,119 --> 01:45:14,960
Okay. We said, "Okay, that house is

1858
01:45:14,960 --> 01:45:16,400
back, so we'll just move it down a

1859
01:45:16,400 --> 01:45:18,320
couple.

1860
01:45:18,320 --> 01:45:20,800
Is this something that's going to be a

1861
01:45:20,800 --> 01:45:24,320
new policy?" So that's again, I agree

1862
01:45:24,320 --> 01:45:27,760
with Doug. This is a a record setting, a

1863
01:45:27,760 --> 01:45:31,520
groundbreaking event for this reboot.

1864
01:45:31,520 --> 01:45:33,679
You don't have to agree with that.

1865
01:45:33,679 --> 01:45:35,760
People are entitled through the

1866
01:45:35,760 --> 01:45:37,360
governor's order, through the laws that

1867
01:45:37,360 --> 01:45:39,360
the city has to rebuild to the extent

1868
01:45:39,360 --> 01:45:41,679
that they were on the beach. right now

1869
01:45:41,679 --> 01:45:43,600
that be wiped out and they don't have a

1870
01:45:43,600 --> 01:45:45,199
lot of structures to pull from. So they

1871
01:45:45,199 --> 01:45:46,639
would need a variance with a strict

1872
01:45:46,639 --> 01:45:49,360
letter that so knowing that people are

1873
01:45:49,360 --> 01:45:51,679
going to be entitled to rebuild up to

1874
01:45:51,679 --> 01:45:53,920
the extent that they are allowed to for

1875
01:45:53,920 --> 01:45:56,400
the state law and for the city's law.

1876
01:45:56,400 --> 01:46:01,440
Yes, we thought it was reasonable ask

1877
01:46:01,440 --> 01:46:02,639
>> are you going to put this in the

1878
01:46:02,639 --> 01:46:04,560
interpretation manual saying this is how

1879
01:46:04,560 --> 01:46:06,560
we do it now? It depends on how this

1880
01:46:06,560 --> 01:46:09,119
information decides on this outcome.

1881
01:46:09,119 --> 01:46:11,920
>> Isn't that something?

1882
01:46:11,920 --> 01:46:14,400
>> Not always. So, we're not, you know,

1883
01:46:14,400 --> 01:46:16,080
we're not going to go to Zoro season and

1884
01:46:16,080 --> 01:46:17,600
bog down the system when people are

1885
01:46:17,600 --> 01:46:19,040
trying to get back into their homes. I

1886
01:46:19,040 --> 01:46:20,800
mean, the planning commission has

1887
01:46:20,800 --> 01:46:23,119
authority to make policy decisions and

1888
01:46:23,119 --> 01:46:25,199
make interpretations on code. So, you

1889
01:46:25,199 --> 01:46:27,119
guys can very much do that tonight.

1890
01:46:27,119 --> 01:46:29,840
>> Okay. Well, I maybe I missed it, but I

1891
01:46:29,840 --> 01:46:35,990
didn't see things required in order to

1892
01:46:36,000 --> 01:46:36,719
one in here.

1893
01:46:36,719 --> 01:46:37,920
>> Yeah, Rick can confirm, but this is

1894
01:46:37,920 --> 01:46:41,119
treated no differently as if it was, you

1895
01:46:41,119 --> 01:46:44,480
know, blind to the the

1896
01:46:44,480 --> 01:46:45,119
new

1897
01:46:45,119 --> 01:46:49,510
>> rect.

1898
01:46:49,520 --> 01:46:52,400
Um I assume

1899
01:46:52,400 --> 01:46:57,510
I'm wondering why the house doesn't

1900
01:46:57,520 --> 01:46:59,920
Is that something new?

1901
01:46:59,920 --> 01:47:02,480
>> No, it's so we can go into the detail,

1902
01:47:02,480 --> 01:47:04,080
but it's based on the recommended

1903
01:47:04,080 --> 01:47:05,679
finished floor. That's how a new house

1904
01:47:05,679 --> 01:47:06,960
on the beach is designed. So the

1905
01:47:06,960 --> 01:47:08,960
finished floor based on the coastal

1906
01:47:08,960 --> 01:47:10,480
engineer report recommended this

1907
01:47:10,480 --> 01:47:13,040
finished floor. So once that's agreed to

1908
01:47:13,040 --> 01:47:15,440
for the city's coastal engineers and the

1909
01:47:15,440 --> 01:47:16,960
applicant that that's the lowest

1910
01:47:16,960 --> 01:47:18,480
recommended finish for all types of

1911
01:47:18,480 --> 01:47:20,159
things, you have to not only meet the

1912
01:47:20,159 --> 01:47:21,360
thing about this one that's different

1913
01:47:21,360 --> 01:47:24,400
from a PV plus 10%. PV plus 10% only has

1914
01:47:24,400 --> 01:47:26,000
to meet

1915
01:47:26,000 --> 01:47:28,719
These guys have to meet 100 year life.

1916
01:47:28,719 --> 01:47:30,400
The LCP requires the structure to

1917
01:47:30,400 --> 01:47:31,679
survive 100 years. They have to account

1918
01:47:31,679 --> 01:47:34,800
for 100 years and wave up sea level rise

1919
01:47:34,800 --> 01:47:36,719
and so sea level rise was accounted for

1920
01:47:36,719 --> 01:47:38,800
in the lowest floor recommendation and

1921
01:47:38,800 --> 01:47:40,800
that's where you derive the height.

1922
01:47:40,800 --> 01:47:45,590
>> Okay, I understand that

1923
01:47:45,600 --> 01:47:49,030
recommendation

1924
01:47:49,040 --> 01:47:50,080
on the

1925
01:47:50,080 --> 01:47:52,400
>> but it all depends on whatever that

1926
01:47:52,400 --> 01:47:56,400
engineering study says. So based on the topography and based on the

1927
01:47:56,400 --> 01:47:58,080
wave up,

1928
01:47:58,080 --> 01:47:59,840
>> this is what they came up with.

1929
01:47:59,840 --> 01:48:03,990
>> They came up with exactly

1930
01:48:04,000 --> 01:48:05,920
most

1931
01:48:05,920 --> 01:48:22,550
used.

1932
01:48:22,560 --> 01:48:25,280
Rick, do you can you confirm that the um

1933
01:48:25,280 --> 01:48:28,080
that the lowest floor elevation on the

1934
01:48:28,080 --> 01:48:29,520
beach side is being used on this

1935
01:48:29,520 --> 01:48:31,040
property?

1936
01:48:31,040 --> 01:48:37,199
>> That is correct. Yes, by the end

1937
01:48:37,199 --> 01:48:39,440
when you read the LCP height is measured

1938
01:48:39,440 --> 01:48:42,000
from. Um also if I could quickly address

1939
01:48:42,000 --> 01:48:46,400
the idea or the I guess the question uh

1940
01:48:46,400 --> 01:48:49,119
on the streamline modifications. So the

1941
01:48:49,119 --> 01:48:53,360
L does have a mechanism to allow for

1942
01:48:53,360 --> 01:48:55,760
streamline

1943
01:48:55,760 --> 01:48:58,560
measurement to be taken from the next up

1944
01:48:58,560 --> 01:49:01,199
coast down property that is section

1945
01:49:01,199 --> 01:49:03,280
13.27

1946
01:49:03,280 --> 01:49:05,199
B3

1947
01:49:05,199 --> 01:49:09,199
and so that was actually approved as a

1948
01:49:09,199 --> 01:49:12,080
amendment to the LCP a number of years

1949
01:49:12,080 --> 01:49:15,199
ago to allow for example situations like

1950
01:49:15,199 --> 01:49:18,560
this where you have a general character

1951
01:49:18,560 --> 01:49:20,639
the neighborhood where you know there

1952
01:49:20,639 --> 01:49:23,280
are going to be anomalous

1953
01:49:23,280 --> 01:49:26,480
properties that basically

1954
01:49:26,480 --> 01:49:30,400
follow letter of the law basically

1955
01:49:30,400 --> 01:49:32,960
result in an unfair

1956
01:49:32,960 --> 01:49:35,280
position on the

1957
01:49:35,280 --> 01:49:38,480
developing property to try to meet that

1958
01:49:38,480 --> 01:49:41,679
immediately adjacent neighbor

1959
01:49:41,679 --> 01:49:44,560
so that's why the coast commission

1960
01:49:44,560 --> 01:49:47,760
approved that change to the LCP

1961
01:49:47,760 --> 01:49:49,600
So that staff wouldn't have to go

1962
01:49:49,600 --> 01:49:54,000
through that

1963
01:49:54,000 --> 01:49:55,679
modification.

1964
01:49:55,679 --> 01:49:57,520
>> Okay. So that's that's just for the

1965
01:49:57,520 --> 01:49:59,440
review that the standard practice was to

1966
01:49:59,440 --> 01:50:03,119
do it the way it's shown on figure two.

1967
01:50:03,119 --> 01:50:05,119
That correct?

1968
01:50:05,119 --> 01:50:08,159
And then what I'm wondering is on figure

1969
01:50:08,159 --> 01:50:10,080
two

1970
01:50:10,080 --> 01:50:14,000
the house immediately adjacent to it

1971
01:50:14,000 --> 01:50:16,320
which if

1972
01:50:16,320 --> 01:50:18,960
rebuild can't go any further than where

1973
01:50:18,960 --> 01:50:22,149
it is

1974
01:50:22,159 --> 01:50:23,920
not

1975
01:50:23,920 --> 01:50:32,470
to go out as far as

1976
01:50:32,480 --> 01:50:35,679
» right so So, what I'm wondering is this

1977
01:50:35,679 --> 01:50:38,080
particular house, you're saying, "Well,

1978
01:50:38,080 --> 01:50:40,080
it's not far enough forward and it's a

1979
01:50:40,080 --> 01:50:43,119
CDP, so we can we can uh make it two

1980
01:50:43,119 --> 01:50:45,360
houses down to compare it with, but the

1981
01:50:45,360 --> 01:50:47,920
house next door fire rebuild can't do

1982
01:50:47,920 --> 01:50:49,280
that."

1983
01:50:49,280 --> 01:50:51,840
>> That's correct, right?

1984
01:50:51,840 --> 01:50:52,719
>> Have different rules.

1985
01:50:52,719 --> 01:50:53,760
>> Yeah, they have their existing

1986
01:50:53,760 --> 01:50:54,960
nonformities also,

1987
01:50:54,960 --> 01:50:56,719
>> but they could come through with the CDP

1988
01:50:56,719 --> 01:50:59,600
and would be granted that further

1989
01:50:59,600 --> 01:51:00,639
and that's their option.

1990
01:51:00,639 --> 01:51:01,040
>> Yeah.

1991
01:51:01,040 --> 01:51:05,520
>> Um, Drew I was just going to say this is

1992
01:51:05,520 --> 01:51:08,400
a great project and

1993
01:51:08,400 --> 01:51:11,199
you know I commend the applicants for

1994
01:51:11,199 --> 01:51:13,440
deciding to go to build the house that

1995
01:51:13,440 --> 01:51:15,840
they should now that they're starting

1996
01:51:15,840 --> 01:51:17,280
over again build the house that they

1997
01:51:17,280 --> 01:51:20,880
want and you know going for a CDP is a

1998
01:51:20,880 --> 01:51:24,960
tough road and you know

1999
01:51:24,960 --> 01:51:26,639
I'd actually like to make a motion to

2000
01:51:26,639 --> 01:51:28,400
approve this.

2001
01:51:28,400 --> 01:51:31,520
>> Okay. Do um do you have a second?

2002
01:51:31,520 --> 01:51:39,109
have some more comments.

2003
01:51:39,119 --> 01:51:41,199
» We can continue discussion.

2004
01:51:41,199 --> 01:51:42,960
>> Okay.

2005
01:51:42,960 --> 01:51:44,480
>> I'll tell you what, I'll second it. I

2006
01:51:44,480 --> 01:51:46,080
just have a lot of questions about

2007
01:51:46,080 --> 01:51:47,599
understanding.

2008
01:51:47,599 --> 01:51:48,159
>> Great.

2009
01:51:48,159 --> 01:51:50,560
>> So, what are they?

2010
01:51:50,560 --> 01:51:53,679
>> First, I'm wondering just in I'm this is

2011
01:51:53,679 --> 01:51:55,920
just for my own understanding. I haven't

2012
01:51:55,920 --> 01:51:57,840
done this kind of project and I'm hoping

2013
01:51:57,840 --> 01:51:58,960
that maybe there's other people that

2014
01:51:58,960 --> 01:52:01,199
have questions that are listening. Um,

2015
01:52:01,199 --> 01:52:03,440
in a nutshell, is this just bringing it

2016
01:52:03,440 --> 01:52:08,800
forward the 10 feet and then adding more of the house, but not that

2017
01:52:08,800 --> 01:52:10,800
much more? A little more than 10%

2018
01:52:10,800 --> 01:52:12,880
though.

2019
01:52:12,880 --> 01:52:14,639
>> This is a new house.

2020
01:52:14,639 --> 01:52:16,080
>> But you're But you're bringing it

2021
01:52:16,080 --> 01:52:18,880
forward um 10 feet and you're basing it

2022
01:52:18,880 --> 01:52:21,520
on the closest structures that are still

2023
01:52:21,520 --> 01:52:23,440
standing. Is that what

2024
01:52:23,440 --> 01:52:25,599
>> No, none of the structures are standing.

2025
01:52:25,599 --> 01:52:27,520
What they're doing is they're looking at

2026
01:52:27,520 --> 01:52:29,440
what was there before and then they're

2027
01:52:29,440 --> 01:52:33,280
using that were there before. On uh I

2028
01:52:33,280 --> 01:52:35,520
guess that would be on one side the

2029
01:52:35,520 --> 01:52:37,840
house was a little far forward. On the

2030
01:52:37,840 --> 01:52:39,280
other side the house sat back, but then

2031
01:52:39,280 --> 01:52:42,000
the next house sat far forward. So, what

2032
01:52:42,000 --> 01:52:43,920
they're doing is they're saying instead

2033
01:52:43,920 --> 01:52:48,880
of having this diagonal streamline, the code allows us to go to the the

2034
01:52:48,880 --> 01:52:53,440
neighborhood and the other houses and we're allowed to bring it forward

2035
01:52:53,440 --> 01:52:56,000
and thus that the adjacent property

2036
01:52:56,000 --> 01:52:57,760
that's set back right now, if they elect

2037
01:52:57,760 --> 01:53:00,159
to do the CDP process, they would be

2038
01:53:00,159 --> 01:53:02,719
granted likely I mean obviously you have

2039
01:53:02,719 --> 01:53:04,080
to look at the project, but the ability

2040
01:53:04,080 --> 01:53:04,960
to move forward too.

2041
01:53:04,960 --> 01:53:07,280
>> So, a few questions. If the person next

2042
01:53:07,280 --> 01:53:09,199
to them wanted wanted to then move

2043
01:53:09,199 --> 01:53:11,199
forward just so that they could then be

2044
01:53:11,199 --> 01:53:13,840
more in line, do they now have to get a

2045
01:53:13,840 --> 01:53:15,840
CDP because they're forward and they no

2046
01:53:15,840 --> 01:53:17,440
longer qualify for the governor's

2047
01:53:17,440 --> 01:53:18,239
federal order?

2048
01:53:18,239 --> 01:53:19,760
>> They would have to get a CDP because

2049
01:53:19,760 --> 01:53:20,880
they're moving the house forward just

2050
01:53:20,880 --> 01:53:22,320
like this one.

2051
01:53:22,320 --> 01:53:25,119
>> Okay. So, this is potentially causing

2052
01:53:25,119 --> 01:53:28,320
other people that want to do the same

2053
01:53:28,320 --> 01:53:29,199
more stress.

2054
01:53:29,199 --> 01:53:31,840
>> It would be it would be elect.

2055
01:53:31,840 --> 01:53:33,520
>> But if they wanted to come forward, is

2056
01:53:33,520 --> 01:53:35,679
there some way that they could just

2057
01:53:35,679 --> 01:53:38,159
Okay, my new neighbor is at this and my

2058
01:53:38,159 --> 01:53:40,000
new neighbor here is at this. So I can

2059
01:53:40,000 --> 01:53:41,599
be at this or they have to go by their

2060
01:53:41,599 --> 01:53:42,159
old

2061
01:53:42,159 --> 01:53:43,920
>> no

2062
01:53:43,920 --> 01:53:46,000
come forward with the CDP

2063
01:53:46,000 --> 01:53:49,280
>> just like this planning commission or

2064
01:53:49,280 --> 01:53:51,840
>> so basically all fire rebuilds are

2065
01:53:51,840 --> 01:53:53,840
allowed to rebuild what they had an

2066
01:53:53,840 --> 01:53:55,520
additional 10% they have to stay on the

2067
01:53:55,520 --> 01:53:58,080
same footprint of their original home

2068
01:53:58,080 --> 01:53:59,199
that is their basis

2069
01:53:59,199 --> 01:54:00,480
>> this is what I understand but what I'm

2070
01:54:00,480 --> 01:54:01,599
saying

2071
01:54:01,599 --> 01:54:03,760
>> so like let's say if I was back here and

2072
01:54:03,760 --> 01:54:05,599
you guys are all up there and I want to

2073
01:54:05,599 --> 01:54:08,000
rebuild but before you were back here

2074
01:54:08,000 --> 01:54:10,880
with me so Now, um I want to be back

2075
01:54:10,880 --> 01:54:12,800
upront with everybody and now I have

2076
01:54:12,800 --> 01:54:14,880
this added, you know, however many

2077
01:54:14,880 --> 01:54:16,159
months it takes to go through the

2078
01:54:16,159 --> 01:54:17,360
planning commission.

2079
01:54:17,360 --> 01:54:19,440
>> I'm wondering if you're causing um

2080
01:54:19,440 --> 01:54:20,960
>> I think what you're what you're losing

2081
01:54:20,960 --> 01:54:22,480
on that is that that neighboring

2082
01:54:22,480 --> 01:54:23,280
property

2083
01:54:23,280 --> 01:54:23,679
>> Yeah.

2084
01:54:23,679 --> 01:54:25,520
>> already has a house that's pushed

2085
01:54:25,520 --> 01:54:27,760
forward that would be rebuilt and pushed

2086
01:54:27,760 --> 01:54:28,159
forward.

2087
01:54:28,159 --> 01:54:29,920
>> Okay. So, that was my question. It's not

2088
01:54:29,920 --> 01:54:33,760
causing anyone to have to now get a CD

2089
01:54:33,760 --> 01:54:36,320
and not have your your side view even

2090
01:54:36,320 --> 01:54:37,599
though I know your side view is not

2091
01:54:37,599 --> 01:54:40,560
protected is now this person is here and

2092
01:54:40,560 --> 01:54:42,239
they're

2093
01:54:42,239 --> 01:54:44,239
>> they would have to get a CDP as if there

2094
01:54:44,239 --> 01:54:45,440
was no fire ever.

2095
01:54:45,440 --> 01:54:47,360
>> So yeah, they have to get a CDP. The

2096
01:54:47,360 --> 01:54:50,239
other thing to keep in mind is um as

2097
01:54:50,239 --> 01:54:52,400
Commissioner Leonard mentioned they

2098
01:54:52,400 --> 01:54:53,520
would lose a lot of their other

2099
01:54:53,520 --> 01:54:55,040
non-conformities. So this stretch of

2100
01:54:55,040 --> 01:54:57,119
beach as Rick pointed out a lot of these

2101
01:54:57,119 --> 01:54:59,679
don't have any view corridors. So maybe

2102
01:54:59,679 --> 01:55:01,520
they through a CDP if you guys approve

2103
01:55:01,520 --> 01:55:02,880
it, they get to move for their seaw

2104
01:55:02,880 --> 01:55:04,239
work. However, they'd have to supply a

2105
01:55:04,239 --> 01:55:06,000
few quarters. So they lose some room on

2106
01:55:06,000 --> 01:55:07,440
the side. So there's there there's

2107
01:55:07,440 --> 01:55:09,520
always a trade-off.

2108
01:55:09,520 --> 01:55:10,960
>> Here's the way to look at it. We we

2109
01:55:10,960 --> 01:55:14,000
approved a house oh probably five or six

2110
01:55:14,000 --> 01:55:17,040
months ago where it fell down. It didn't

2111
01:55:17,040 --> 01:55:20,080
burn down. It fell down in 197. So they

2112
01:55:20,080 --> 01:55:23,360
had to come in and get a CP. They are

2113
01:55:23,360 --> 01:55:29,030
18t

2114
01:55:29,040 --> 01:55:30,400
That's all they were permitted because

2115
01:55:30,400 --> 01:55:32,880
of the ocean up and bunch of other

2116
01:55:32,880 --> 01:55:35,119
stuff. There's a lot of variables.

2117
01:55:35,119 --> 01:55:37,920
>> Yeah, I was going to say also TVPs are

2118
01:55:37,920 --> 01:55:40,320
not fee waver, right?

2119
01:55:40,320 --> 01:55:42,800
>> So these people are paying for full

2120
01:55:42,800 --> 01:55:43,679
premise fees.

2121
01:55:43,679 --> 01:55:45,199
>> No, I understand what's going on with

2122
01:55:45,199 --> 01:55:46,639
these people. I'm wondering how it's

2123
01:55:46,639 --> 01:55:48,560
going to affect let's say so I'm trying

2124
01:55:48,560 --> 01:55:50,560
to understand let's say another neighbor

2125
01:55:50,560 --> 01:55:52,800
was far set back and they're trying to

2126
01:55:52,800 --> 01:55:56,159
rebuild. Is there and I know it's not a

2127
01:55:56,159 --> 01:55:59,440
protected view the side view but it is

2128
01:55:59,440 --> 01:56:01,520
what it is but are they coming back and

2129
01:56:01,520 --> 01:56:03,599
now they feel that

2130
01:56:03,599 --> 01:56:04,400
>> they have a choice

2131
01:56:04,400 --> 01:56:07,040
>> they have to now get another

2132
01:56:07,040 --> 01:56:09,679
>> six months a year to get a CDP

2133
01:56:09,679 --> 01:56:11,440
>> lot longer than that but yeah they have

2134
01:56:11,440 --> 01:56:12,639
a choice and they're going to have to

2135
01:56:12,639 --> 01:56:16,560
pay the fees and brush studies all

2136
01:56:16,560 --> 01:56:18,400
everything that's required for a CDP

2137
01:56:18,400 --> 01:56:20,000
>> I think the other thing is that if you

2138
01:56:20,000 --> 01:56:25,199
look on a 0.1 which is of

2139
01:56:25,199 --> 01:56:27,280
You can see where a portion of the house

2140
01:56:27,280 --> 01:56:29,199
that was existing before was like pushed

2141
01:56:29,199 --> 01:56:31,280
right up against the side like right

2142
01:56:31,280 --> 01:56:35,040
here. This whole area right is no longer

2143
01:56:35,040 --> 01:56:36,400
there.

2144
01:56:36,400 --> 01:56:38,560
>> So in the redesign that's how you get

2145
01:56:38,560 --> 01:56:40,080
your view

2146
01:56:40,080 --> 01:56:41,920
>> but they wouldn't have needed a corridor

2147
01:56:41,920 --> 01:56:42,639
if they

2148
01:56:42,639 --> 01:56:44,800
>> if they did a fire rebuild it and they

2149
01:56:44,800 --> 01:56:47,520
did did that and they they kept that old

2150
01:56:47,520 --> 01:56:49,440
streamline they added their 10%

2151
01:56:49,440 --> 01:56:50,239
elsewhere

2152
01:56:50,239 --> 01:56:53,119
>> they would they would not be here.

2153
01:56:53,119 --> 01:56:55,040
asking for something that in my opinion

2154
01:56:55,040 --> 01:56:57,119
is totally reasonable based on the

2155
01:56:57,119 --> 01:56:58,880
landscape and based on the other houses

2156
01:56:58,880 --> 01:57:00,320
that were there before.

2157
01:57:00,320 --> 01:57:03,360
>> So I I'm just a very simple answer to

2158
01:57:03,360 --> 01:57:06,320
your question

2159
01:57:06,320 --> 01:57:10,480
most people want in this situation they

2160
01:57:10,480 --> 01:57:13,199
get their choice of being behind their

2161
01:57:13,199 --> 01:57:17,270
neighbor.

2162
01:57:17,280 --> 01:57:18,880
I mean they're already coughing up less

2163
01:57:18,880 --> 01:57:20,480
money

2164
01:57:20,480 --> 01:57:22,320
that's so if they want the advantage of

2165
01:57:22,320 --> 01:57:29,910
getting up that wasn't before the fire

2166
01:57:29,920 --> 01:57:31,440
I mean I understand that they're already

2167
01:57:31,440 --> 01:57:35,040
going to be paying a lot regardless. Uh

2168
01:57:35,040 --> 01:57:38,080
what I'm wondering is what is your guys

2169
01:57:38,080 --> 01:57:40,239
opinions about does this disadvantage

2170
01:57:40,239 --> 01:57:42,000
neighbors that haven't rebuilt yet and

2171
01:57:42,000 --> 01:57:44,719
haven't gotten gotten to this point

2172
01:57:44,719 --> 01:57:46,800
>> you have to look at yelling I'm just

2173
01:57:46,800 --> 01:57:47,520
asking

2174
01:57:47,520 --> 01:57:49,520
>> I would just add that another part of

2175
01:57:49,520 --> 01:57:50,719
this is that

2176
01:57:50,719 --> 01:57:52,639
>> you know as this is a city right all

2177
01:57:52,639 --> 01:57:54,159
those people have to be notified they

2178
01:57:54,159 --> 01:57:56,320
get all those notices in the mail I

2179
01:57:56,320 --> 01:57:58,639
don't see a neighbor here this evening

2180
01:57:58,639 --> 01:58:01,040
saying don't do this I see the team

2181
01:58:01,040 --> 01:58:02,880
captain for the entire neighborhood

2182
01:58:02,880 --> 01:58:04,560
saying do

2183
01:58:04,560 --> 01:58:06,480
You know, and I think that

2184
01:58:06,480 --> 01:58:08,239
>> I seconded the motion. I'm not saying

2185
01:58:08,239 --> 01:58:10,239
no. I'm trying to understand that

2186
01:58:10,239 --> 01:58:11,840
>> you have to look at it as a case by case

2187
01:58:11,840 --> 01:58:14,080
basis. Every single home has its own

2188
01:58:14,080 --> 01:58:16,960
individual characteristics. And

2189
01:58:16,960 --> 01:58:18,639
>> I I don't think we're not like blanket

2190
01:58:18,639 --> 01:58:20,400
saying like, hey, you know, come in for

2191
01:58:20,400 --> 01:58:21,760
a streamline review and we're just going

2192
01:58:21,760 --> 01:58:23,920
to grant everything out for the ocean.

2193
01:58:23,920 --> 01:58:25,520
We're going to look at that based on the

2194
01:58:25,520 --> 01:58:27,280
facts that are presented. And what's

2195
01:58:27,280 --> 01:58:29,920
>> I understand and this is its own

2196
01:58:29,920 --> 01:58:32,480
circumstances and that's why I seconded

2197
01:58:32,480 --> 01:58:35,440
it. Um, but I also feel like people

2198
01:58:35,440 --> 01:58:36,960
should understand what this is saying.

2199
01:58:36,960 --> 01:58:40,870
If you have a different house,

2200
01:58:40,880 --> 01:58:44,960
» this is like a new corridor issue. They

2201
01:58:44,960 --> 01:58:46,560
are

2202
01:58:46,560 --> 01:58:48,400
certain people if we did this on every

2203
01:58:48,400 --> 01:58:49,599
single one of them would be

2204
01:58:49,599 --> 01:58:51,520
disadvantaged.

2205
01:58:51,520 --> 01:58:52,639
There's no question.

2206
01:58:52,639 --> 01:58:56,159
>> Well, that's for the I I'm also 100% for

2207
01:58:56,159 --> 01:58:57,679
building and getting things built on the

2208
01:58:57,679 --> 01:59:01,040
beach and getting started. Um, I just

2209
01:59:01,040 --> 01:59:05,440
think it's import have Were

2210
01:59:05,440 --> 01:59:09,360
there any other specific questions?

2211
01:59:09,360 --> 01:59:10,800
>> I was gonna say, do you guys want to

2212
01:59:10,800 --> 01:59:13,119
address some of Doug's other concerns in

2213
01:59:13,119 --> 01:59:16,320
regards to the 25 foot height and also

2214
01:59:16,320 --> 01:59:18,320
measurement?

2215
01:59:18,320 --> 01:59:23,599
>> No, because those are separate issues. I we we very much heard them. It be a

2216
01:59:23,599 --> 01:59:25,119
separate thing, but I would like to call

2217
01:59:25,119 --> 01:59:25,920
for a roll call.

2218
01:59:25,920 --> 01:59:28,400
>> Well, let me let me make before you do

2219
01:59:28,400 --> 01:59:32,159
that. There's a couple errors in here.

2220
01:59:32,159 --> 01:59:37,040
I'd like to amend your motion that um

2221
01:59:37,040 --> 01:59:39,040
let's see

2222
01:59:39,040 --> 01:59:41,760
on page 9 of 11 it says they're going to

2223
01:59:41,760 --> 01:59:45,040
have an impermeable front

2224
01:59:45,040 --> 01:59:48,239
and condition number 23 says they have

2225
01:59:48,239 --> 01:59:51,119
to follow the the rule they have to

2226
01:59:51,119 --> 01:59:54,080
follow the

2227
01:59:54,080 --> 01:59:56,960
okay if you look on page nine of 11 on

2228
01:59:56,960 --> 02:00:00,400
the compiance table

2229
02:00:00,400 --> 02:00:04,070
entirely in

2230
02:00:04,080 --> 02:00:09,669
Okay. See that right near the bottom.

2231
02:00:09,679 --> 02:00:12,000
Okay. This is CDP. It says in the

2232
02:00:12,000 --> 02:00:13,599
resolution

2233
02:00:13,599 --> 02:00:17,840
that they must follow the code. So the

2234
02:00:17,840 --> 02:00:19,040
So obviously the

2235
02:00:19,040 --> 02:00:20,960
>> Yeah, but you're you're missing that's

2236
02:00:20,960 --> 02:00:22,400
not specific to the view corridor. So

2237
02:00:22,400 --> 02:00:22,480
the

2238
02:00:22,480 --> 02:00:27,280
>> view no this is front yard fence.

2239
02:00:27,280 --> 02:00:29,199
>> Got it. Understood. So, what's what's

2240
02:00:29,199 --> 02:00:30,800
So, Rick, what's the situation with the

2241
02:00:30,800 --> 02:00:32,800
front yard fence here? It says it

2242
02:00:32,800 --> 02:00:35,280
complies, but it's supposed to be view

2243
02:00:35,280 --> 02:00:37,599
permeable over 42 in. Is that because

2244
02:00:37,599 --> 02:00:38,960
part of that's the house in the garage,

2245
02:00:38,960 --> 02:00:41,440
or what's the situation there?

2246
02:00:41,440 --> 02:00:44,719
>> Yeah. So, in this case, it should be

2247
02:00:44,719 --> 02:00:47,280
permeable all the way through. So, yeah,

2248
02:00:47,280 --> 02:00:49,119
that's

2249
02:00:49,119 --> 02:00:51,119
Hold on. Hold on. View corridor. It says

2250
02:00:51,119 --> 02:00:53,199
view permeable 100% all the way through.

2251
02:00:53,199 --> 02:00:54,800
The issue is above that where it says

2252
02:00:54,800 --> 02:00:56,480
front yard,

2253
02:00:56,480 --> 02:01:00,320
>> correct? And it says the lower.

2254
02:01:00,320 --> 02:01:02,239
>> It should say

2255
02:01:02,239 --> 02:01:04,400
>> it does say it. I just want to point it

2256
02:01:04,400 --> 02:01:07,840
out. It does say

2257
02:01:07,840 --> 02:01:09,920
in the resolution.

2258
02:01:09,920 --> 02:01:11,840
>> The important thing is the resolution.

2259
02:01:11,840 --> 02:01:14,000
So the resolution is correct.

2260
02:01:14,000 --> 02:01:23,109
>> Okay.

2261
02:01:23,119 --> 02:01:28,470
Call please.

2262
02:01:28,480 --> 02:01:31,360
So, we're voting on a motion to approve

2263
02:01:31,360 --> 02:01:33,360
as recommended by staff.

2264
02:01:33,360 --> 02:01:34,480
>> Commissioner Leonard,

2265
02:01:34,480 --> 02:01:36,080
>> yes.

2266
02:01:36,080 --> 02:01:37,920
>> Vice Chairman,

2267
02:01:37,920 --> 02:01:38,800
>> yes.

2268
02:01:38,800 --> 02:01:39,920
>> Commissioner Maza,

2269
02:01:39,920 --> 02:01:40,800
>> yes.

2270
02:01:40,800 --> 02:01:41,840
>> Commissioner,

2271
02:01:41,840 --> 02:01:44,320
>> yes.

2272
02:01:44,320 --> 02:01:45,920
>> Motion carries.

2273
02:01:45,920 --> 02:01:47,280
>> All right. We would like We're going to

2274
02:01:47,280 --> 02:01:49,280
take a 10-minute recess. Don't talk to

2275
02:01:49,280 --> 02:01:52,239
us about anything else.

2276
02:01:52,239 --> 02:01:54,719
>> Thank you.

2277
02:01:54,719 --> 02:16:14,310
840.

2278
02:16:14,320 --> 02:16:16,480
All right. Well, we're back on a

2279
02:16:16,480 --> 02:16:18,159
beautiful Monday evening in Malibu for

2280
02:16:18,159 --> 02:16:22,480
the best show in town. And uh

2281
02:16:22,480 --> 02:16:24,719
so next up we have item 5C, coastal

2282
02:16:24,719 --> 02:16:27,679
development permit 25-034 and demolition

2283
02:16:27,679 --> 02:16:30,400
permit 26-002,

2284
02:16:30,400 --> 02:16:32,319
an application to construct a new single

2285
02:16:32,319 --> 02:16:33,840
family residence and associated

2286
02:16:33,840 --> 02:16:36,399
development at 33650

2287
02:16:36,399 --> 02:16:40,790
Pacific Coast Highway.

2288
02:16:40,800 --> 02:16:43,439
Chair, members of the commission, as

2289
02:16:43,439 --> 02:16:44,960
noted, the project for you right now is

2290
02:16:44,960 --> 02:16:46,800
CDP25-034

2291
02:16:46,800 --> 02:16:50,000
and demolition permit 26-002

2292
02:16:50,000 --> 02:16:53,920
located at 33650 BPH.

2293
02:16:53,920 --> 02:16:55,280
Here's a look at the vicinity map with

2294
02:16:55,280 --> 02:16:57,040
the yellow star designating the property

2295
02:16:57,040 --> 02:16:58,800
on the western side of Malibu near the

2296
02:16:58,800 --> 02:17:01,439
city limits.

2297
02:17:01,439 --> 02:17:03,359
And here's an aerial of the property

2298
02:17:03,359 --> 02:17:08,549
itself, which is currently vacant.

2299
02:17:08,559 --> 02:17:10,319
So, the project for you tonight is

2300
02:17:10,319 --> 02:17:11,920
proposing to build a new one-story

2301
02:17:11,920 --> 02:17:14,080
single family residence with a basement,

2302
02:17:14,080 --> 02:17:16,240
attached garage, attach accessory

2303
02:17:16,240 --> 02:17:18,719
dwelling unit, tennis court and cabana,

2304
02:17:18,719 --> 02:17:21,519
swimming pool and spa, fencing and gate,

2305
02:17:21,519 --> 02:17:23,679
landscaping and heartscaping, grading,

2306
02:17:23,679 --> 02:17:25,760
retaining walls, and a new on-site

2307
02:17:25,760 --> 02:17:28,800
wastewater treatment system.

2308
02:17:28,800 --> 02:17:30,639
And the demolition permit uh is

2309
02:17:30,639 --> 02:17:32,399
proposing to remove the unpermitted

2310
02:17:32,399 --> 02:17:34,000
chain link fencing and gates, the

2311
02:17:34,000 --> 02:17:35,679
unpermitted driveways, and the

2312
02:17:35,679 --> 02:17:37,760
unpermitted non-native trees, plants,

2313
02:17:37,760 --> 02:17:40,719
and grasses.

2314
02:17:40,719 --> 02:17:43,359
And for some background, uh, in 2022,

2315
02:17:43,359 --> 02:17:44,559
the planning commission approved a

2316
02:17:44,559 --> 02:17:46,399
similar project on the subject property

2317
02:17:46,399 --> 02:17:49,679
under CDP19-073.

2318
02:17:49,679 --> 02:17:51,359
In 2023, the planning commission's

2319
02:17:51,359 --> 02:17:52,800
approval was appealed to the city

2320
02:17:52,800 --> 02:17:55,200
council and the city council upheld uh

2321
02:17:55,200 --> 02:17:57,120
planning commission's approval. The

2322
02:17:57,120 --> 02:17:58,639
project was then appealed to the

2323
02:17:58,639 --> 02:18:00,800
California Coastal Commission. And then

2324
02:18:00,800 --> 02:18:04,479
in 2025, the applicant withdrew CDP19073

2325
02:18:04,479 --> 02:18:06,960
and opted to redesign the project. The

2326
02:18:06,960 --> 02:18:08,960
applicant later submitted a redesign

2327
02:18:08,960 --> 02:18:14,389
project under CDP25-034.

2328
02:18:14,399 --> 02:18:15,519
We'll take a quick look at the

2329
02:18:15,519 --> 02:18:17,679
demolition plan here. uh noting the

2330
02:18:17,679 --> 02:18:20,960
unpermitted fencing along PCH uh areas

2331
02:18:20,960 --> 02:18:23,359
of unmitted landscaping throughout the

2332
02:18:23,359 --> 02:18:25,519
upper portion of the property and the

2333
02:18:25,519 --> 02:18:31,830
two unpermitted driveways on the face of

2334
02:18:31,840 --> 02:18:33,679
Here's an overview of the site plan with

2335
02:18:33,679 --> 02:18:35,040
the single family home and the tennis

2336
02:18:35,040 --> 02:18:39,200
court. We'll zoom in.

2337
02:18:39,200 --> 02:18:41,280
You can see the tennis court on the left

2338
02:18:41,280 --> 02:18:44,160
and the single family residence in red,

2339
02:18:44,160 --> 02:18:46,880
the garage in purple, the ADU yellow and

2340
02:18:46,880 --> 02:18:49,280
the pool and spa in blue. And you can

2341
02:18:49,280 --> 02:18:51,519
also see the driveway coming in from PCH

2342
02:18:51,519 --> 02:18:53,040
with the required fire department

2343
02:18:53,040 --> 02:18:57,429
turnaround.

2344
02:18:57,439 --> 02:19:00,080
And this uh proposed residence is set

2345
02:19:00,080 --> 02:19:02,399
back 50 ft from the top of Bluff in

2346
02:19:02,399 --> 02:19:08,070
compliance with LIP section 104D.

2347
02:19:08,080 --> 02:19:10,000
and the resident is proposed to be cited

2348
02:19:10,000 --> 02:19:12,399
below PCH road grade and the fencing is

2349
02:19:12,399 --> 02:19:14,880
fally permeable in compliance with LIP

2350
02:19:14,880 --> 02:19:20,389
section 65E.

2351
02:19:20,399 --> 02:19:22,559
And for the attached ADU, the proposed

2352
02:19:22,559 --> 02:19:24,639
ADU contains one bedroom, one bathroom

2353
02:19:24,639 --> 02:19:30,709
with a total of 643 ft.

2354
02:19:30,719 --> 02:19:33,120
We got two photos of the story poles. Uh

2355
02:19:33,120 --> 02:19:35,359
this is from the driveway entrance

2356
02:19:35,359 --> 02:19:40,469
looking towards the ocean.

2357
02:19:40,479 --> 02:19:42,160
And then this is looking north uh

2358
02:19:42,160 --> 02:19:48,549
towards the mountains.

2359
02:19:48,559 --> 02:19:50,399
Thus far, the city has received three

2360
02:19:50,399 --> 02:19:53,040
letters of correspondence which uh the

2361
02:19:53,040 --> 02:19:56,880
plan commissioners have received

2362
02:19:56,880 --> 02:19:58,720
and staff recommends adopting planning

2363
02:19:58,720 --> 02:20:01,200
commission resolution 26-36

2364
02:20:01,200 --> 02:20:03,120
determining the project is categorically

2365
02:20:03,120 --> 02:20:04,880
exempt from the California Environmental

2366
02:20:04,880 --> 02:20:07,120
Quality Act and approving coastal

2367
02:20:07,120 --> 02:20:11,510
development permit 25-034.

2368
02:20:11,520 --> 02:20:13,359
Staff is available for questions and the

2369
02:20:13,359 --> 02:20:14,880
applicant and applicant team are here as

2370
02:20:14,880 --> 02:20:16,800
well.

2371
02:20:16,800 --> 02:20:22,870
>> Thank you. disclosures.

2372
02:20:22,880 --> 02:20:25,600
» I don't have any disclosures.

2373
02:20:25,600 --> 02:20:28,640
>> I did not visit the site. Uh but I

2374
02:20:28,640 --> 02:20:42,550
probably am the planning commission.

2375
02:20:42,560 --> 02:20:49,830
I had a conversation this afternoon.

2376
02:20:49,840 --> 02:20:53,830
did not find out.

2377
02:20:53,840 --> 02:20:56,240
» I visited the site with a member of the

2378
02:20:56,240 --> 02:21:00,000
African team, Eric, uh about a week,

2379
02:21:00,000 --> 02:21:01,200
last week, not this week, and the

2380
02:21:01,200 --> 02:21:03,600
weekend prior and did not learn anything

2381
02:21:03,600 --> 02:21:04,880
different than what's in the report, but

2382
02:21:04,880 --> 02:21:06,960
it was good to see the site and see how

2383
02:21:06,960 --> 02:21:10,720
the sight lines and those things worked.

2384
02:21:10,720 --> 02:21:12,880
Um, all right. So, applicant team, you

2385
02:21:12,880 --> 02:21:15,680
guys got 15 minutes. I don't know who's

2386
02:21:15,680 --> 02:21:20,790
speaking. Eric, is that you? All right.

2387
02:21:20,800 --> 02:21:22,319
And do you want to reserve any time for

2388
02:21:22,319 --> 02:21:27,590
rebuttal or just let everyone

2389
02:21:27,600 --> 02:21:43,510
step up to the step up to the mic?

2390
02:21:43,520 --> 02:21:44,399
» That's fine. We'll go.

2391
02:21:44,399 --> 02:21:46,160
>> I think he's probably more more

2392
02:21:46,160 --> 02:21:47,600
productive for you guys for any

2393
02:21:47,600 --> 02:21:49,040
questions you might have rather than me

2394
02:21:49,040 --> 02:21:50,800
go on and tell you about something

2395
02:21:50,800 --> 02:21:51,520
pretty straight forward.

2396
02:21:51,520 --> 02:21:52,880
>> What we're going to do after that is

2397
02:21:52,880 --> 02:21:54,080
we're going to there's some public

2398
02:21:54,080 --> 02:21:55,760
speakers possibly so we'll hear from

2399
02:21:55,760 --> 02:21:57,680
them and then you can come up and speak

2400
02:21:57,680 --> 02:21:59,200
again and then we'll call you up if we

2401
02:21:59,200 --> 02:21:59,680
have any question.

2402
02:21:59,680 --> 02:22:01,120
>> Yeah, I'll save this for rebuttal. I'll

2403
02:22:01,120 --> 02:22:07,110
get questions from Thank you.

2404
02:22:07,120 --> 02:22:08,800
» Two raised hands. First is Joe

2405
02:22:08,800 --> 02:22:17,750
>> Dr.

2406
02:22:17,760 --> 02:22:19,120
Joe, you're a little quiet. If you want

2407
02:22:19,120 --> 02:22:20,560
to talk a little closer to your

2408
02:22:20,560 --> 02:22:22,640
microphone,

2409
02:22:22,640 --> 02:22:26,950
>> we can hear you. Just Yeah,

2410
02:22:26,960 --> 02:22:55,990
» a little bit, but we can hear you.

2411
02:22:56,000 --> 02:23:15,110
So

2412
02:23:15,120 --> 02:23:17,910
very

2413
02:23:17,920 --> 02:25:36,150
Come on.

2414
02:25:36,160 --> 02:25:43,030
And you are at

2415
02:25:43,040 --> 02:26:06,469
Jamie Smith

2416
02:26:06,479 --> 02:26:20,150
or Those

2417
02:26:20,160 --> 02:26:29,429
are all the raised hands.

2418
02:26:29,439 --> 02:26:30,960
» Good evening, commissioners. Thank you

2419
02:26:30,960 --> 02:26:33,760
for hearing this out. Uh, I guess this

2420
02:26:33,760 --> 02:26:37,280
first question is directed to Danny.

2421
02:26:37,280 --> 02:26:40,479
I gonna do that with him. Is that what

2422
02:26:40,479 --> 02:26:41,120
we're doing?

2423
02:26:41,120 --> 02:26:42,319
>> Yeah, you can answer those however you

2424
02:26:42,319 --> 02:26:43,600
want.

2425
02:26:43,600 --> 02:26:46,960
>> So Danny, regarding the uh septic system

2426
02:26:46,960 --> 02:26:49,520
and also with Joe Drummond, it's

2427
02:26:49,520 --> 02:26:52,080
basically the system that's the most

2428
02:26:52,080 --> 02:26:53,920
efficient environmentally and the system

2429
02:26:53,920 --> 02:26:57,120
that is going to be able to disperse the

2430
02:26:57,120 --> 02:27:00,640
effluence in the most e ecologically

2431
02:27:00,640 --> 02:27:03,439
efficient way. and Kevin Sloenberger is

2432
02:27:03,439 --> 02:27:07,120
the designer. We went through all of the

2433
02:27:07,120 --> 02:27:09,040
uh permitting process for the city of

2434
02:27:09,040 --> 02:27:13,439
Malibu. Um I think that we're up to

2435
02:27:13,439 --> 02:27:16,399
I think it's hard to say when you when

2436
02:27:16,399 --> 02:27:18,560
you deal with a 7,000gallon tank, which

2437
02:27:18,560 --> 02:27:20,479
is what I think people questioning. It's

2438
02:27:20,479 --> 02:27:23,200
not the capacity that is really the

2439
02:27:23,200 --> 02:27:25,920
danger. It's the dispersal. So where

2440
02:27:25,920 --> 02:27:28,319
does the water go is the big thing. And

2441
02:27:28,319 --> 02:27:31,680
this thing has probably

2442
02:27:31,680 --> 02:27:33,600
I can't remember off. I think we have

2443
02:27:33,600 --> 02:27:35,840
five active pits that are going to

2444
02:27:35,840 --> 02:27:37,520
disperse this water. So,

2445
02:27:37,520 --> 02:27:39,760
environmentally, I I think that the size

2446
02:27:39,760 --> 02:27:42,560
of the tank isn't the issue. Uh it's not

2447
02:27:42,560 --> 02:27:44,000
the the load that we're going to be

2448
02:27:44,000 --> 02:27:46,640
doing on this on this project. That's

2449
02:27:46,640 --> 02:27:50,319
really uh the issue here to speak of. Uh

2450
02:27:50,319 --> 02:27:52,560
regarding the size of the property that

2451
02:27:52,560 --> 02:27:54,720
people keep talking about, it's a 4 acre

2452
02:27:54,720 --> 02:28:02,319
parcel and it's been morphed over many years. U the owner Charles is here

2453
02:28:02,319 --> 02:28:04,560
tonight. He's owned it for almost 50

2454
02:28:04,560 --> 02:28:08,319
years and prior to him owning it, it was

2455
02:28:08,319 --> 02:28:11,439
done back in the 20s and in the 30s they

2456
02:28:11,439 --> 02:28:13,760
had done a a whole amphitheater and and

2457
02:28:13,760 --> 02:28:16,560
changed the property. So we're down to a

2458
02:28:16,560 --> 02:28:18,319
portion of the property which is almost

2459
02:28:18,319 --> 02:28:20,240
on the highway. So when people talk

2460
02:28:20,240 --> 02:28:23,680
about this setback uh of 50 or 100 ft,

2461
02:28:23,680 --> 02:28:25,920
we're utilizing this property in the

2462
02:28:25,920 --> 02:28:30,880
least uh you know intrusive basis for

2463
02:28:30,880 --> 02:28:33,120
what what what this land will allow. You

2464
02:28:33,120 --> 02:28:34,479
know, there's plenty of room for it.

2465
02:28:34,479 --> 02:28:36,880
It's not oversized to the land. It's

2466
02:28:36,880 --> 02:28:39,840
quite a a square footage is is relevant,

2467
02:28:39,840 --> 02:28:42,399
but is it's all one flat unit and it

2468
02:28:42,399 --> 02:28:45,120
doesn't really take away views. You got

2469
02:28:45,120 --> 02:28:48,319
full blue water views. It's quite a

2470
02:28:48,319 --> 02:28:50,319
lovely

2471
02:28:50,319 --> 02:28:52,720
Um,

2472
02:28:52,720 --> 02:28:55,840
let's see. That's that. What else did

2473
02:28:55,840 --> 02:28:57,600
they bring up? I think the biggest thing

2474
02:28:57,600 --> 02:28:59,760
that that I I like to argue about or

2475
02:28:59,760 --> 02:29:02,399
that I I feel arguing is is this waste

2476
02:29:02,399 --> 02:29:05,520
water. I mean, we all know that NA is

2477
02:29:05,520 --> 02:29:07,359
very very stringent on on dealing with

2478
02:29:07,359 --> 02:29:09,760
our septic systems. And I think that we

2479
02:29:09,760 --> 02:29:12,319
are are of that same mentality is to

2480
02:29:12,319 --> 02:29:15,840
make this the most ecological efficient

2481
02:29:15,840 --> 02:29:18,960
uh wastewater dispersal that you can do.

2482
02:29:18,960 --> 02:29:21,680
Uh what else do we have here?

2483
02:29:21,680 --> 02:29:23,760
Uh just oh one thing that I know that's

2484
02:29:23,760 --> 02:29:25,200
very important. People keep saying

2485
02:29:25,200 --> 02:29:28,319
though that we withdrew this project or

2486
02:29:28,319 --> 02:29:30,000
they're insinuating that we withdrew

2487
02:29:30,000 --> 02:29:31,359
this project because of an easement

2488
02:29:31,359 --> 02:29:33,439
issue. This was withdrawn at the coastal

2489
02:29:33,439 --> 02:29:34,640
commission because we worked with the

2490
02:29:34,640 --> 02:29:37,200
coastal commission and uh the geology

2491
02:29:37,200 --> 02:29:39,439
department uh along with all the

2492
02:29:39,439 --> 02:29:41,120
planners so that we could get this bluff

2493
02:29:41,120 --> 02:29:43,840
set back because we actually are a

2494
02:29:43,840 --> 02:29:46,080
project that is setting a new president.

2495
02:29:46,080 --> 02:29:48,640
Uh Lauren has been dealing with this

2496
02:29:48,640 --> 02:29:51,680
kind of plus uh the bluff top setback

2497
02:29:51,680 --> 02:29:53,680
for 30 years the same way that we did in

2498
02:29:53,680 --> 02:29:55,280
our previous property our previous

2499
02:29:55,280 --> 02:29:57,520
application. So we adjusted to what the

2500
02:29:57,520 --> 02:29:59,920
coastal commission is now saying that

2501
02:29:59,920 --> 02:30:02,080
they want to inter

2502
02:30:02,080 --> 02:30:03,600
So, we move this project back

2503
02:30:03,600 --> 02:30:05,280
considerable in order to comply with

2504
02:30:05,280 --> 02:30:07,840
that. So, any other questions? I'm happy

2505
02:30:07,840 --> 02:30:09,600
to answer.

2506
02:30:09,600 --> 02:30:11,439
All right. Well, um we're going to go

2507
02:30:11,439 --> 02:30:12,960
ahead and close public comment this time

2508
02:30:12,960 --> 02:30:14,399
and Eric will call you up if we need

2509
02:30:14,399 --> 02:30:20,230
you. Thank you very much. Commissioners,

2510
02:30:20,240 --> 02:30:22,880
» um I have a question for staff. The what

2511
02:30:22,880 --> 02:30:25,120
Joe mentioned about the contradiction in

2512
02:30:25,120 --> 02:30:29,520
the map and that the property says it

2513
02:30:29,520 --> 02:30:33,359
has trail and then the map says it

2514
02:30:33,359 --> 02:30:34,720
doesn't have a trail and the map says it

2515
02:30:34,720 --> 02:30:36,800
does and they also say it does. What's

2516
02:30:36,800 --> 02:30:40,000
that contradiction? What is that?

2517
02:30:40,000 --> 02:30:42,240
>> Well, there's no mapped trail on the

2518
02:30:42,240 --> 02:30:44,319
property uh similar to what we would

2519
02:30:44,319 --> 02:30:46,399
normally see on the other side of BCH

2520
02:30:46,399 --> 02:30:48,720
leading up into the ridge line. But

2521
02:30:48,720 --> 02:30:50,960
every single property along the beach

2522
02:30:50,960 --> 02:30:53,359
technically has the California Coastal

2523
02:30:53,359 --> 02:30:56,080
Trail along side of it. Um, but usually

2524
02:30:56,080 --> 02:30:59,120
that is tied into the wet sand area that

2525
02:30:59,120 --> 02:31:01,680
people can traverse along. Um, or if

2526
02:31:01,680 --> 02:31:03,280
there's a lateral easement, they have

2527
02:31:03,280 --> 02:31:05,359
access to that. Uh, so when we talk

2528
02:31:05,359 --> 02:31:06,640
about map trails, we're talking about

2529
02:31:06,640 --> 02:31:08,560
the ones that are officially recognized

2530
02:31:08,560 --> 02:31:10,479
by the city, whereas the California

2531
02:31:10,479 --> 02:31:11,920
Coastal Trail just goes throughout the

2532
02:31:11,920 --> 02:31:14,800
state uh on all properties along the

2533
02:31:14,800 --> 02:31:16,800
beach. And there's more protections

2534
02:31:16,800 --> 02:31:19,439
around the mapped trails that the city

2535
02:31:19,439 --> 02:31:21,040
recognizes where there would be no

2536
02:31:21,040 --> 02:31:23,200
development allowed near them and

2537
02:31:23,200 --> 02:31:25,120
easements would have to be maintained

2538
02:31:25,120 --> 02:31:27,439
whereas there's no easement uh for the

2539
02:31:27,439 --> 02:31:29,439
California coastal trail in the same

2540
02:31:29,439 --> 02:31:31,120
way. Uh so

2541
02:31:31,120 --> 02:31:34,319
>> we also got a letter about um ride horse

2542
02:31:34,319 --> 02:31:37,359
equestrian trails um being being part of

2543
02:31:37,359 --> 02:31:39,439
this. Is that not is that accurate or

2544
02:31:39,439 --> 02:31:40,000
not accurate?

2545
02:31:40,000 --> 02:31:42,720
>> That that's not accurate. I think that u

2546
02:31:42,720 --> 02:31:44,319
member of the public was referencing a

2547
02:31:44,319 --> 02:31:47,520
different that's on tonight's agenda.

2548
02:31:47,520 --> 02:31:48,960
Not actually this one because there's no

2549
02:31:48,960 --> 02:31:50,880
horse trails on this property. There's

2550
02:31:50,880 --> 02:31:52,640
no fencing that's being taken down to

2551
02:31:52,640 --> 02:31:54,880
interrupt a horse trail. So, I think

2552
02:31:54,880 --> 02:31:56,240
that was just not accurate. It was

2553
02:31:56,240 --> 02:32:00,950
relating to a different project.

2554
02:32:00,960 --> 02:32:03,359
» Since I wasn't here in I guess 2019,

2555
02:32:03,359 --> 02:32:07,359
John, so um I know that the planning

2556
02:32:07,359 --> 02:32:08,960
commission at the time approved the

2557
02:32:08,960 --> 02:32:11,280
project and I know it was appealed to

2558
02:32:11,280 --> 02:32:13,280
city council and it was approved by city

2559
02:32:13,280 --> 02:32:16,720
council. So I guess

2560
02:32:16,720 --> 02:32:18,399
I I think what I'm trying to understand

2561
02:32:18,399 --> 02:32:21,120
is then it went to an appeal to the

2562
02:32:21,120 --> 02:32:23,600
coastal commission. So I hear that you

2563
02:32:23,600 --> 02:32:27,280
moved the project um the setback to

2564
02:32:27,280 --> 02:32:29,280
comply with the coastal commission's

2565
02:32:29,280 --> 02:32:30,960
interpretation.

2566
02:32:30,960 --> 02:32:32,960
What else about the project changed if

2567
02:32:32,960 --> 02:32:34,800
anything?

2568
02:32:34,800 --> 02:32:40,070
>> That's a question for Eric. Yeah,

2569
02:32:40,080 --> 02:32:42,240
» we previously had had the guest house a

2570
02:32:42,240 --> 02:32:45,359
little bit far uh further seward. So, we

2571
02:32:45,359 --> 02:32:47,840
actually moved that and made it the ADU.

2572
02:32:47,840 --> 02:32:50,560
Uh we actually moved that uh as part of

2573
02:32:50,560 --> 02:32:52,800
the building and condensed it so that it

2574
02:32:52,800 --> 02:32:55,680
wasn't so separated and put all over the

2575
02:32:55,680 --> 02:32:58,880
place. Um pretty much that's and we you

2576
02:32:58,880 --> 02:33:00,319
know we moved the property everything

2577
02:33:00,319 --> 02:33:03,040
back. Uh nothing the all the engineering

2578
02:33:03,040 --> 02:33:05,040
was pretty much the same geologically

2579
02:33:05,040 --> 02:33:08,479
and the uh safety system uh we adjusted

2580
02:33:08,479 --> 02:33:10,880
the driveway the fire uh driveway made

2581
02:33:10,880 --> 02:33:13,680
that a little bit more of an easy uh

2582
02:33:13,680 --> 02:33:15,760
entrance and access to the property.

2583
02:33:15,760 --> 02:33:17,920
Other than that building's about the

2584
02:33:17,920 --> 02:33:18,640
same

2585
02:33:18,640 --> 02:33:22,080
>> you have the same 7,000 uh gallon tank.

2586
02:33:22,080 --> 02:33:24,560
>> Yes. Yes. Same. It's the same system.

2587
02:33:24,560 --> 02:33:26,880
>> Okay. So, just to clarify, so you you

2588
02:33:26,880 --> 02:33:28,399
moved the house, you you changed the

2589
02:33:28,399 --> 02:33:31,439
setback, you attached the ADU

2590
02:33:31,439 --> 02:33:35,439
and you widened the fire driveway. Is

2591
02:33:35,439 --> 02:33:35,920
that correct?

2592
02:33:35,920 --> 02:33:38,240
>> No, we just made an easier curve for it

2593
02:33:38,240 --> 02:33:39,040
easier

2594
02:33:39,040 --> 02:33:42,800
>> moved the the turn the turn and also the

2595
02:33:42,800 --> 02:33:44,479
entrance to it. We moved that into a

2596
02:33:44,479 --> 02:33:46,319
better location closer to the home. Not

2597
02:33:46,319 --> 02:33:48,160
that it was required, it just designwise

2598
02:33:48,160 --> 02:33:51,590
it worked better.

2599
02:33:51,600 --> 02:33:56,870
» I'd like to comment on that a little.

2600
02:33:56,880 --> 02:34:01,040
The one of the big issues

2601
02:34:01,040 --> 02:34:07,990
back then

2602
02:34:08,000 --> 02:34:14,070
was or was not the amphitheater

2603
02:34:14,080 --> 02:34:19,750
96 years

2604
02:34:19,760 --> 02:34:33,429
was in question as far as line

2605
02:34:33,439 --> 02:34:35,680
That was a big question. The other

2606
02:34:35,680 --> 02:34:37,280
question, and you can see this if you

2607
02:34:37,280 --> 02:34:39,200
look on

2608
02:34:39,200 --> 02:34:41,680
figure,

2609
02:34:41,680 --> 02:34:44,960
if you look at the blue line,

2610
02:34:44,960 --> 02:34:47,439
that was the original

2611
02:34:47,439 --> 02:34:51,190
line,

2612
02:34:51,200 --> 02:34:53,760
bottom blue line. They moved it back to

2613
02:34:53,760 --> 02:34:56,479
the red line above it. But if you notice

2614
02:34:56,479 --> 02:34:59,359
on that

2615
02:34:59,359 --> 02:35:02,469
go

2616
02:35:02,479 --> 02:35:04,960
back

2617
02:35:04,960 --> 02:35:11,670
now

2618
02:35:11,680 --> 02:35:19,110
whether or not

2619
02:35:19,120 --> 02:35:20,800
in this case there's a question about

2620
02:35:20,800 --> 02:35:32,710
whether

2621
02:35:32,720 --> 02:35:43,670
That's that's probably going to be

2622
02:35:43,680 --> 02:35:48,389
all the way

2623
02:35:48,399 --> 02:35:50,160
of the problem.

2624
02:35:50,160 --> 02:35:54,950
I believe

2625
02:35:54,960 --> 02:35:58,790
propos

2626
02:35:58,800 --> 02:36:09,030
instruction,

2627
02:36:09,040 --> 02:36:11,680
but that's only from memory that looks

2628
02:36:11,680 --> 02:36:14,080
like

2629
02:36:14,080 --> 02:36:20,950
that blue line.

2630
02:36:20,960 --> 02:36:23,520
Apparently

2631
02:36:23,520 --> 02:36:33,590
we everything

2632
02:36:33,600 --> 02:36:39,030
seems like

2633
02:36:39,040 --> 02:36:44,870
that's really not proposed

2634
02:36:44,880 --> 02:36:47,280
lines. There was also a question about

2635
02:36:47,280 --> 02:36:50,479
if you look at the figure three you'll

2636
02:36:50,479 --> 02:36:52,080
sort of a white line going all the way

2637
02:36:52,080 --> 02:36:55,439
around and that was that was

2638
02:36:55,439 --> 02:36:59,600
theoretically a step in the block which

2639
02:36:59,600 --> 02:37:02,479
you explain

2640
02:37:02,479 --> 02:37:05,680
that there is no step in the block and I

2641
02:37:05,680 --> 02:37:08,319
think it's probably still true to the

2642
02:37:08,319 --> 02:37:13,750
step

2643
02:37:13,760 --> 02:37:18,550
and that was so old you couldn't tell

2644
02:37:18,560 --> 02:37:20,399
anyway

2645
02:37:20,399 --> 02:37:23,200
memory from eight years ago, but it does

2646
02:37:23,200 --> 02:37:27,910
show up in these two these two planes.

2647
02:37:27,920 --> 02:37:32,080
And while I'm at it, u

2648
02:37:32,080 --> 02:37:37,359
the question about the shoreline,

2649
02:37:37,359 --> 02:37:39,680
I would assume is a bigger question now

2650
02:37:39,680 --> 02:37:43,040
since the last eight years.

2651
02:37:43,040 --> 02:37:44,640
I have friends that live up in that

2652
02:37:44,640 --> 02:37:46,640
area. The last eight years, the beach

2653
02:37:46,640 --> 02:37:48,800
has succeeded.

2654
02:37:48,800 --> 02:37:51,920
as much wetlands wet sand there used to

2655
02:37:51,920 --> 02:37:57,280
be between the two 1200 I guess 1200 ft

2656
02:37:57,280 --> 02:38:00,479
apart lateral axis between those two

2657
02:38:00,479 --> 02:38:07,110
axis couple points around

2658
02:38:07,120 --> 02:38:09,600
but that's basically

2659
02:38:09,600 --> 02:38:13,520
it the other thing is once you make a

2660
02:38:13,520 --> 02:38:16,240
motion I didn't see anything about

2661
02:38:16,240 --> 02:38:18,319
maintenance of

2662
02:38:18,319 --> 02:38:20,240
on a condition maintenance of they have

2663
02:38:20,240 --> 02:38:23,439
to keep the the

2664
02:38:23,439 --> 02:38:26,080
road clear. Everything has to be below

2665
02:38:26,080 --> 02:38:28,399
level. You can't grow any plants above

2666
02:38:28,399 --> 02:38:30,720
highway level. And when we did it before

2667
02:38:30,720 --> 02:38:32,640
on the house about three months ago, we

2668
02:38:32,640 --> 02:38:37,520
put in you don't mow it down every time.

2669
02:38:37,520 --> 02:38:43,270
Yeah. You lose it. Something like that.

2670
02:38:43,280 --> 02:38:47,040
Probably we should probably put in the

2671
02:38:47,040 --> 02:38:49,040
just to give the compliance people a

2672
02:38:49,040 --> 02:38:49,920
break

2673
02:38:49,920 --> 02:38:52,000
>> specifically for the viewer commission

2674
02:38:52,000 --> 02:38:52,560
is that

2675
02:38:52,560 --> 02:38:55,520
>> no this is for the whole of the property

2676
02:38:55,520 --> 02:38:59,200
nothing is supposed to go

2677
02:38:59,200 --> 02:39:01,120
>> right so that's related to the vor

2678
02:39:01,120 --> 02:39:03,760
requirement in this uh project they're

2679
02:39:03,760 --> 02:39:06,560
electing to have a a structure that's

2680
02:39:06,560 --> 02:39:08,000
completely below road grade so that's

2681
02:39:08,000 --> 02:39:10,000
what we're referring to that was the

2682
02:39:10,000 --> 02:39:11,920
same way that house has to do before

2683
02:39:11,920 --> 02:39:14,080
when we said but you know there's stuff

2684
02:39:14,080 --> 02:39:19,910
going on the highway we got to make

2685
02:39:19,920 --> 02:39:22,319
We don't have that.

2686
02:39:22,319 --> 02:39:24,479
>> It says you you're supposed to, but it

2687
02:39:24,479 --> 02:39:29,349
doesn't have any penalties.

2688
02:39:29,359 --> 02:39:31,439
» Yeah. The reason

2689
02:39:31,439 --> 02:39:32,479
>> Yeah. So, no, I know what you're talking

2690
02:39:32,479 --> 02:39:34,240
about, but that on that project, that

2691
02:39:34,240 --> 02:39:36,000
one had a um

2692
02:39:36,000 --> 02:39:37,680
>> that was specific to the view corridor.

2693
02:39:37,680 --> 02:39:38,800
>> Yeah. That one had a view corridor,

2694
02:39:38,800 --> 02:39:40,880
whereas this one the whole propert the

2695
02:39:40,880 --> 02:39:43,280
whole site above the house is visible.

2696
02:39:43,280 --> 02:39:44,399
So if you look at our view court

2697
02:39:44,399 --> 02:39:45,600
recommendation, I think it captures

2698
02:39:45,600 --> 02:39:47,120
everything, but if you want us to rebuff

2699
02:39:47,120 --> 02:39:48,800
everything, rebuff it, we can. So

2700
02:39:48,800 --> 02:39:50,640
basically structures, fences, and and

2701
02:39:50,640 --> 02:39:53,120
vegetation cannot be maintained above

2702
02:39:53,120 --> 02:39:53,920
road.

2703
02:39:53,920 --> 02:39:56,160
>> Yeah, it says

2704
02:39:56,160 --> 02:39:57,840
the only thing I was saying when we did

2705
02:39:57,840 --> 02:40:01,429
that before

2706
02:40:01,439 --> 02:40:05,120
» the same thing and if you don't do it,

2707
02:40:05,120 --> 02:40:08,240
>> so take a look at 38 and let us know if

2708
02:40:08,240 --> 02:40:14,550
you need that enhanced way.

2709
02:40:14,560 --> 02:40:16,880
I what I'm saying is what I would put in

2710
02:40:16,880 --> 02:40:24,070
there's

2711
02:40:24,080 --> 02:40:35,030
no there's no law out there

2712
02:40:35,040 --> 02:40:38,319
» so just to be clear they're not ever

2713
02:40:38,319 --> 02:40:39,920
>> if you look at 38 it's pretty specific

2714
02:40:39,920 --> 02:40:42,000
on the fact that the vegetation can't go

2715
02:40:42,000 --> 02:40:42,640
above.

2716
02:40:42,640 --> 02:40:43,280
>> Yeah.

2717
02:40:43,280 --> 02:40:45,840
>> Right. What I'm saying is when we did it

2718
02:40:45,840 --> 02:40:46,640
before.

2719
02:40:46,640 --> 02:40:49,040
>> So what was if I think that was the job

2720
02:40:49,040 --> 02:40:51,359
on clip side or

2721
02:40:51,359 --> 02:40:54,000
>> coast

2722
02:40:54,000 --> 02:40:55,520
>> that that driveway that was up where

2723
02:40:55,520 --> 02:40:56,720
they had to remove that tree or

2724
02:40:56,720 --> 02:40:57,120
whatever.

2725
02:40:57,120 --> 02:40:57,520
>> Yeah.

2726
02:40:57,520 --> 02:40:58,720
>> Could you maybe just pull up the

2727
02:40:58,720 --> 02:41:00,880
language that we have from that and

2728
02:41:00,880 --> 02:41:02,479
we'll go to some other questions but if

2729
02:41:02,479 --> 02:41:05,120
we come back to that

2730
02:41:05,120 --> 02:41:09,920
>> um in regards to the tennis court what

2731
02:41:09,920 --> 02:41:11,760
are the What are the requirements to

2732
02:41:11,760 --> 02:41:18,870
set?

2733
02:41:18,880 --> 02:41:22,319
» Well, it depends. So, the um the uh

2734
02:41:22,319 --> 02:41:29,670
impermanent surface itself

2735
02:41:29,680 --> 02:41:30,800
onto the highway.

2736
02:41:30,800 --> 02:41:32,319
>> The the setback in this case is related

2737
02:41:32,319 --> 02:41:34,399
to I'm not sure where it's at on the

2738
02:41:34,399 --> 02:41:36,000
property, but that's that's what would

2739
02:41:36,000 --> 02:41:38,800
have to be the setback, not the not the

2740
02:41:38,800 --> 02:41:41,680
court itself. I have a house being

2741
02:41:41,680 --> 02:41:43,280
finished on my street where it's right

2742
02:41:43,280 --> 02:41:46,880
on the street. The one foot

2743
02:41:46,880 --> 02:41:48,720
>> the tennis court is set below the road

2744
02:41:48,720 --> 02:41:50,960
grade and there's a 10ft fence on that

2745
02:41:50,960 --> 02:41:54,240
side along PCH. So there'd be a 10 foot

2746
02:41:54,240 --> 02:41:56,000
uh there's a retaining wall and then a

2747
02:41:56,000 --> 02:41:58,880
foot uh fence on top of it and fences on

2748
02:41:58,880 --> 02:42:01,040
all sides. So the the setbacks aren't

2749
02:42:01,040 --> 02:42:02,319
quite the same because it's not a

2750
02:42:02,319 --> 02:42:04,960
structure in the same way, but uh it's

2751
02:42:04,960 --> 02:42:09,359
fully fenced uh 10 feet around.

2752
02:42:09,359 --> 02:42:11,600
Did the ADU get counted as part of the

2753
02:42:11,600 --> 02:42:13,120
TDSF? Is that Yes,

2754
02:42:13,120 --> 02:42:14,160
>> it did.

2755
02:42:14,160 --> 02:42:17,200
>> Um, and then could they build another

2756
02:42:17,200 --> 02:42:20,000
like did they even need to add the ADU?

2757
02:42:20,000 --> 02:42:21,600
Could they have just built this and then

2758
02:42:21,600 --> 02:42:22,960
decided

2759
02:42:22,960 --> 02:42:26,560
>> a month later to add an ADU?

2760
02:42:26,560 --> 02:42:28,240
>> Uh, that would be the difference between

2761
02:42:28,240 --> 02:42:30,960
a detached and attached one. Um, and

2762
02:42:30,960 --> 02:42:32,880
they're deciding to do the attached one

2763
02:42:32,880 --> 02:42:34,319
as part of this project.

2764
02:42:34,319 --> 02:42:36,560
>> Okay. And if they wanted to add another

2765
02:42:36,560 --> 02:42:40,000
ADU after they Could they?

2766
02:42:40,000 --> 02:42:42,000
>> Yes, but they'd be limited on the square

2767
02:42:42,000 --> 02:42:44,399
footage. It' be very very small.

2768
02:42:44,399 --> 02:42:47,760
>> Okay. Oh, I thought that the

2769
02:42:47,760 --> 02:42:50,800
>> So, you can um if this was approved, you

2770
02:42:50,800 --> 02:42:54,560
could get a junior ADU by right now. Uh

2771
02:42:54,560 --> 02:42:57,600
like after this house was built, um we

2772
02:42:57,600 --> 02:42:58,960
do have to make some amendments to our

2773
02:42:58,960 --> 02:43:01,840
ADU law, which is going to allow up to

2774
02:43:01,840 --> 02:43:04,240
two ADUs on a property.

2775
02:43:04,240 --> 02:43:06,720
>> So, they could potentially then put two

2776
02:43:06,720 --> 02:43:09,840
500 foot

2777
02:43:09,840 --> 02:43:10,960
The question is, would they allow be

2778
02:43:10,960 --> 02:43:13,200
allowed to build their TVs?

2779
02:43:13,200 --> 02:43:16,319
>> The um this one's being counted. If this

2780
02:43:16,319 --> 02:43:18,880
was reviewed, let's say this house was

2781
02:43:18,880 --> 02:43:21,600
built and they decided to attach it or

2782
02:43:21,600 --> 02:43:23,040
convert part of their square footage,

2783
02:43:23,040 --> 02:43:25,600
that would not be counted towards their

2784
02:43:25,600 --> 02:43:27,200
>> Let's say this was approved and they

2785
02:43:27,200 --> 02:43:29,359
want to add another one

2786
02:43:29,359 --> 02:43:31,040
>> and detach.

2787
02:43:31,040 --> 02:43:32,399
>> Detach would be counted and that would

2788
02:43:32,399 --> 02:43:33,520
require

2789
02:43:33,520 --> 02:43:35,280
>> Exactly. So, they would it would be they

2790
02:43:35,280 --> 02:43:37,200
would be restricted on the TDSF for the

2791
02:43:37,200 --> 02:43:38,720
property.

2792
02:43:38,720 --> 02:43:40,080
as to what the size of that could be. It

2793
02:43:40,080 --> 02:43:41,439
could be like 100 square feet, a couple

2794
02:43:41,439 --> 02:43:44,000
hundred square feet or something.

2795
02:43:44,000 --> 02:43:47,200
>> Just um kind of asking this because of

2796
02:43:47,200 --> 02:43:49,600
one of the emails we got was a less

2797
02:43:49,600 --> 02:43:51,200
environmentally

2798
02:43:51,200 --> 02:43:53,840
damaging alternative to consider.

2799
02:43:53,840 --> 02:43:55,520
>> Well, the project is below all

2800
02:43:55,520 --> 02:43:57,439
thresholds established by the city for

2801
02:43:57,439 --> 02:44:00,479
TDSF and the permeable square footage.

2802
02:44:00,479 --> 02:44:03,279
Um, so and based on the previous project

2803
02:44:03,279 --> 02:44:05,279
which was in a different spot on the

2804
02:44:05,279 --> 02:44:08,160
property, this is in compliance with the

2805
02:44:08,160 --> 02:44:12,160
50 foot setback. Um, so it's not going

2806
02:44:12,160 --> 02:44:13,920
over any thresholds that

2807
02:44:13,920 --> 02:44:16,560
>> it's like 1% less than the threshold. So

2808
02:44:16,560 --> 02:44:18,080
I'm just wondering if something less

2809
02:44:18,080 --> 02:44:23,200
than like 99% was was just that was was

2810
02:44:23,200 --> 02:44:25,120
it considered was anything less

2811
02:44:25,120 --> 02:44:27,359
considered or was this what was

2812
02:44:27,359 --> 02:44:29,120
considered and nothing else? Well, this

2813
02:44:29,120 --> 02:44:32,160
is what was proposed, but uh we didn't

2814
02:44:32,160 --> 02:44:34,240
the applicant didn't provide three

2815
02:44:34,240 --> 02:44:36,960
different designs for the house. But in

2816
02:44:36,960 --> 02:44:38,479
terms of it not going over any of

2817
02:44:38,479 --> 02:44:40,000
thresholds,

2818
02:44:40,000 --> 02:44:42,240
it doesn't require us to say that we

2819
02:44:42,240 --> 02:44:45,040
need more redesigns in order to evaluate

2820
02:44:45,040 --> 02:44:46,080
the property.

2821
02:44:46,080 --> 02:44:52,550
>> What what bouncy?

2822
02:44:52,560 --> 02:44:57,200
So, um just standard development.

2823
02:44:57,200 --> 02:45:00,160
>> Any house those thousand square feet

2824
02:45:00,160 --> 02:45:07,750
would require CVP.

2825
02:45:07,760 --> 02:45:09,040
» If you're tearing down an existing house

2826
02:45:09,040 --> 02:45:09,840
and building a new one,

2827
02:45:09,840 --> 02:45:10,160
>> yes,

2828
02:45:10,160 --> 02:45:12,080
>> it would still require CDP. Any new

2829
02:45:12,080 --> 02:45:16,550
single family home would require CDP

2830
02:45:16,560 --> 02:45:23,110
anything over 50%.

2831
02:45:23,120 --> 02:45:27,439
» Anybody else? Any motions?

2832
02:45:27,439 --> 02:45:28,720
We found the language.

2833
02:45:28,720 --> 02:45:30,000
>> Okay. Yeah, let's go over that real

2834
02:45:30,000 --> 02:45:34,950
quick.

2835
02:45:34,960 --> 02:45:37,120
» Three violations of this condition. It

2836
02:45:37,120 --> 02:45:40,720
would be an extra paragraph on condition

2837
02:45:40,720 --> 02:45:43,279
number 38. Three violations of this

2838
02:45:43,279 --> 02:45:45,200
condition by the same property owner

2839
02:45:45,200 --> 02:45:47,200
will result in a requirement to

2840
02:45:47,200 --> 02:45:49,520
permanently remove the vegetation

2841
02:45:49,520 --> 02:45:55,510
>> vegetation or fencing.

2842
02:45:55,520 --> 02:45:58,399
» I should probably vegetation fencing or

2843
02:45:58,399 --> 02:46:01,359
view blockage.

2844
02:46:01,359 --> 02:46:07,030
>> Is that cool, Kevin?

2845
02:46:07,040 --> 02:46:09,760
» Regarding the septic, does everybody

2846
02:46:09,760 --> 02:46:11,840
else but me understand why they need a

2847
02:46:11,840 --> 02:46:14,640
7500 square foot square gallon? Because

2848
02:46:14,640 --> 02:46:16,960
I I don't understand if if a house that

2849
02:46:16,960 --> 02:46:20,160
has 10 bedrooms gets a 3500

2850
02:46:20,160 --> 02:46:22,720
gallon. I'm new to this whole subject

2851
02:46:22,720 --> 02:46:24,720
everything and it sounds like that's a

2852
02:46:24,720 --> 02:46:27,760
lot of gallons.

2853
02:46:27,760 --> 02:46:30,399
Does everybody else understand

2854
02:46:30,399 --> 02:46:31,920
this comes down to what the engineer

2855
02:46:31,920 --> 02:46:33,520
designed for the project to work? I

2856
02:46:33,520 --> 02:46:35,279
think what they're saying is that yeah,

2857
02:46:35,279 --> 02:46:37,040
it does perk, but it may not perk at the

2858
02:46:37,040 --> 02:46:38,479
rate that you want it to. So, it allows

2859
02:46:38,479 --> 02:46:41,040
the tank to hold more on site and then

2860
02:46:41,040 --> 02:47:04,710
push it out over time.

2861
02:47:04,720 --> 02:47:07,040
Um, do we have we don't have the

2862
02:47:07,040 --> 02:47:11,190
wastewater engineer available?

2863
02:47:11,200 --> 02:47:13,600
» Yeah. Can he get on Zoom?

2864
02:47:13,600 --> 02:47:16,640
>> Then he can answer your questions.

2865
02:47:16,640 --> 02:47:19,359
Um, we would like that if that's

2866
02:47:19,359 --> 02:47:22,720
possible. Um, Eric, you would have to

2867
02:47:22,720 --> 02:47:24,880
click on the Zoom link on the agenda. I

2868
02:47:24,880 --> 02:47:28,319
know it might take a second.

2869
02:47:28,319 --> 02:48:09,590
Is it Kevin?

2870
02:48:09,600 --> 02:48:10,720
How's this? We're going to take a five

2871
02:48:10,720 --> 02:48:12,479
minute recess. You're going to get Kevin

2872
02:48:12,479 --> 02:49:26,630
on the phone. Good. Three minutes.

2873
02:49:26,640 --> 02:49:29,680
We're good. All right. So, uh Jake, if

2874
02:49:29,680 --> 02:49:31,760
you can hear me, I think Parker has uh

2875
02:49:31,760 --> 02:49:35,830
unmuted you.

2876
02:49:35,840 --> 02:49:37,359
» Are you good? Are you there, Jake?

2877
02:49:37,359 --> 02:49:38,560
>> Yeah, I'm here.

2878
02:49:38,560 --> 02:49:40,880
>> Okay. Yeah. So, we had a a couple

2879
02:49:40,880 --> 02:49:42,960
questions on understanding the size of

2880
02:49:42,960 --> 02:49:45,120
the wastewater system.

2881
02:49:45,120 --> 02:49:47,120
Um, and the reasoning for that, I don't

2882
02:49:47,120 --> 02:49:48,399
know if you can answer that or not, but

2883
02:49:48,399 --> 02:49:59,830
if you can, that'd be amazing.

2884
02:49:59,840 --> 02:50:03,030
Important

2885
02:50:03,040 --> 02:50:18,550
seven house

2886
02:50:18,560 --> 02:50:24,630
designated

2887
02:50:24,640 --> 02:50:27,520
by the size of the tank. Now these tanks

2888
02:50:27,520 --> 02:50:31,190
need to be

2889
02:50:31,200 --> 02:50:33,359
four times the capacity of the loading

2890
02:50:33,359 --> 02:50:39,269
rate and these tanks in size

2891
02:50:39,279 --> 02:50:41,520
goes to 5,000 gallons and the next model

2892
02:50:41,520 --> 02:50:45,680
goes to 7200 gallons. So

2893
02:50:45,680 --> 02:50:51,429
the capacity of the house needs

2894
02:50:51,439 --> 02:50:54,080
to

2895
02:50:54,080 --> 02:50:58,070
galling

2896
02:50:58,080 --> 02:51:00,319
7200

2897
02:51:00,319 --> 02:51:02,800
just capacity

2898
02:51:02,800 --> 02:51:07,830
load

2899
02:51:07,840 --> 02:51:09,920
res

2900
02:51:09,920 --> 02:51:12,960
most houses in they range from 750 to

2901
02:51:12,960 --> 02:51:15,920
1500 gallons per day every day.

2902
02:51:15,920 --> 02:51:17,359
>> Awesome. Thank you very much. Does

2903
02:51:17,359 --> 02:51:19,279
anybody else have any specific questions

2904
02:51:19,279 --> 02:51:23,040
for Jake in regards to the system?

2905
02:51:23,040 --> 02:51:24,720
>> Okay, Jake, thank you very much. We're

2906
02:51:24,720 --> 02:51:26,080
going to mute you again and if we need

2907
02:51:26,080 --> 02:51:28,880
you back, we'll let you know.

2908
02:51:28,880 --> 02:51:32,399
if you can stay tuned for a little bit.

2909
02:51:32,399 --> 02:51:39,190
>> Okay, John. Um, on figure two

2910
02:51:39,200 --> 02:51:40,880
where we show the bluff line going

2911
02:51:40,880 --> 02:51:43,120
across the canyon and the canyon is one

2912
02:51:43,120 --> 02:51:45,040
to one.

2913
02:51:45,040 --> 02:51:46,720
So,

2914
02:51:46,720 --> 02:51:53,269
how was that considered a bluff line?

2915
02:51:53,279 --> 02:51:55,840
» Which portion are you? What John's

2916
02:51:55,840 --> 02:51:58,479
referring to is the east end of the

2917
02:51:58,479 --> 02:51:59,920
project line.

2918
02:51:59,920 --> 02:52:02,000
>> If you have north facing up,

2919
02:52:02,000 --> 02:52:03,439
>> the part that isn't on

2920
02:52:03,439 --> 02:52:05,359
>> where it goes to a straight line and

2921
02:52:05,359 --> 02:52:08,560
comes off of where the topography is.

2922
02:52:08,560 --> 02:52:11,120
>> The question is why does the left line

2923
02:52:11,120 --> 02:52:12,800
not follow the top of the block?

2924
02:52:12,800 --> 02:52:14,720
>> Uh so that doesn't meet the that area

2925
02:52:14,720 --> 02:52:16,240
does not meet the definition of a canyon

2926
02:52:16,240 --> 02:52:17,439
block.

2927
02:52:17,439 --> 02:52:19,840
>> That's coming back up the

2928
02:52:19,840 --> 02:52:21,279
>> It's coming back into the canyon,

2929
02:52:21,279 --> 02:52:23,439
>> right? It's not a one to one slope. It's

2930
02:52:23,439 --> 02:52:25,120
not a one to one slope there. I looked

2931
02:52:25,120 --> 02:52:26,800
at this with the city geologist and

2932
02:52:26,800 --> 02:52:28,000
coastal engineer and they determined

2933
02:52:28,000 --> 02:52:30,000
it's not a canyon block. So the canyon

2934
02:52:30,000 --> 02:52:33,840
block setbacks do not apply.

2935
02:52:33,840 --> 02:52:35,520
>> Similar to zumeir if you guys recall

2936
02:52:35,520 --> 02:52:37,840
that one um where there's a difference

2937
02:52:37,840 --> 02:52:39,680
between a canyon bluff and a canyon

2938
02:52:39,680 --> 02:52:41,920
slope and so if it doesn't meet a

2939
02:52:41,920 --> 02:52:43,439
certain amount of steepness it's still a

2940
02:52:43,439 --> 02:52:46,240
canyon but it's just not a bluff. It's a

2941
02:52:46,240 --> 02:52:50,399
slope. So, so that line is irrelevant.

2942
02:52:50,399 --> 02:52:54,070
There is no set.

2943
02:52:54,080 --> 02:52:55,840
» If it was uh steep enough to be

2944
02:52:55,840 --> 02:52:57,200
determined to be a bluff, it would be a

2945
02:52:57,200 --> 02:52:59,120
25 foot setback for general bluff

2946
02:52:59,120 --> 02:53:01,120
setback. It's not a coastal bluff. So,

2947
02:53:01,120 --> 02:53:04,319
the 100 and the 50 ft wouldn't apply,

2948
02:53:04,319 --> 02:53:10,319
>> right? So, my my question is the

2949
02:53:10,319 --> 02:53:13,359
southern side of the bluff setback line

2950
02:53:13,359 --> 02:53:17,520
and the bluff are basically

2951
02:53:17,520 --> 02:53:19,200
Well, if you look at the green line and

2952
02:53:19,200 --> 02:53:20,800
the top of bluff, you can see it

2953
02:53:20,800 --> 02:53:24,399
connects to the bluff on the other end

2954
02:53:24,399 --> 02:53:26,880
>> on the other side of of the ravine and

2955
02:53:26,880 --> 02:53:29,840
the purple line is just following it as

2956
02:53:29,840 --> 02:53:32,160
illustrative to show that the 50 ft is

2957
02:53:32,160 --> 02:53:33,359
further back there.

2958
02:53:33,359 --> 02:53:37,279
>> Yeah. But it's not a block that

2959
02:53:37,279 --> 02:53:39,279
>> correct. Yeah, that is not as it relates

2960
02:53:39,279 --> 02:53:41,840
to the east side. As far as

2961
02:53:41,840 --> 02:53:43,840
>> this the setback is from the the green

2962
02:53:43,840 --> 02:53:49,120
line that is uh contoured. Uh that's the top of block that's being measured

2963
02:53:49,120 --> 02:53:51,840
from the 50 ft.

2964
02:53:51,840 --> 02:53:54,800
>> Okay. Um do we have any other questions?

2965
02:53:54,800 --> 02:53:56,319
>> I just thought of something I wanted to

2966
02:53:56,319 --> 02:54:00,160
ask um Tyler. Um are we supposed to be

2967
02:54:00,160 --> 02:54:03,600
taking into consideration that it wasn't

2968
02:54:03,600 --> 02:54:05,040
considered to have a less

2969
02:54:05,040 --> 02:54:09,760
environmentally damaging alternative?

2970
02:54:09,760 --> 02:54:10,640
findings yesterday.

2971
02:54:10,640 --> 02:54:13,520
>> Yeah. So, so can I'm I'm trying to use

2972
02:54:13,520 --> 02:54:15,279
some of the emails that we got in my

2973
02:54:15,279 --> 02:54:17,520
mind that are saying this wasn't

2974
02:54:17,520 --> 02:54:20,720
considered and so are is our job though

2975
02:54:20,720 --> 02:54:23,040
to say well since that wasn't considered

2976
02:54:23,040 --> 02:54:25,680
no no nothing else was ever proposed

2977
02:54:25,680 --> 02:54:28,240
that's less damaging and

2978
02:54:28,240 --> 02:54:30,399
>> the threshold that that staff looks at

2979
02:54:30,399 --> 02:54:32,960
is isn't substantial right I think

2980
02:54:32,960 --> 02:54:34,800
there's arguments that can be made that

2981
02:54:34,800 --> 02:54:38,240
a 1000 square foot house is there's

2982
02:54:38,240 --> 02:54:39,840
arguments either way that that's less

2983
02:54:39,840 --> 02:54:40,800
than

2984
02:54:40,800 --> 02:54:42,800
uh less damaging than there's arguments

2985
02:54:42,800 --> 02:54:45,600
that made the 3500 gallon tank is is

2986
02:54:45,600 --> 02:54:49,279
more damaging than the 750 7,500 gallon

2987
02:54:49,279 --> 02:54:50,800
tank. So there's arguments in both

2988
02:54:50,800 --> 02:54:52,960
directions. What we look at is does a

2989
02:54:52,960 --> 02:54:55,840
lesser a smaller house substantially

2990
02:54:55,840 --> 02:54:58,000
lessen the environmental impact? The

2991
02:54:58,000 --> 02:55:00,640
answer with these is generally no unless

2992
02:55:00,640 --> 02:55:02,720
it triggers one of the other criteria.

2993
02:55:02,720 --> 02:55:04,960
In this case, they're meeting like Adam

2994
02:55:04,960 --> 02:55:07,760
said, all their thresholds, EDSF, their

2995
02:55:07,760 --> 02:55:09,680
18 ft. They're meeting new quarter

2996
02:55:09,680 --> 02:55:11,279
requirements. So, they meet all the

2997
02:55:11,279 --> 02:55:13,279
general code standards. There's no other

2998
02:55:13,279 --> 02:55:15,120
alternative that would make that

2999
02:55:15,120 --> 02:55:16,399
situation any better.

3000
02:55:16,399 --> 02:55:18,080
>> Like, it seems like a good project in

3001
02:55:18,080 --> 02:55:22,000
that it's below road grade. Um, but I'm

3002
02:55:22,000 --> 02:55:24,240
just wondering, was it even considered

3003
02:55:24,240 --> 02:55:27,040
something that's not 99% of the imp

3004
02:55:27,040 --> 02:55:29,600
permeable?

3005
02:55:29,600 --> 02:55:31,359
>> Yeah. Okay. I'm just saying because

3006
02:55:31,359 --> 02:55:35,910
that's a finding we have to make.

3007
02:55:35,920 --> 02:55:37,040
» Obviously, when you're designing

3008
02:55:37,040 --> 02:55:39,120
something, you look at numerous

3009
02:55:39,120 --> 02:55:40,960
different feasibility studies that are

3010
02:55:40,960 --> 02:55:44,000
going to be cohesive. And I've been here

3011
02:55:44,000 --> 02:55:46,479
for ever. And when I design something, I

3012
02:55:46,479 --> 02:55:48,479
design it to the least environment. I

3013
02:55:48,479 --> 02:55:50,960
love Malibu. I want it to look good. I

3014
02:55:50,960 --> 02:55:52,800
want it to feel good. I want it not to

3015
02:55:52,800 --> 02:55:56,000
be a an overbuilt project. I am with you

3016
02:55:56,000 --> 02:55:58,160
guys. I hate these huge projects. Ours

3017
02:55:58,160 --> 02:56:00,240
is a big one, but it's not big feeling

3018
02:56:00,240 --> 02:56:01,760
when if you walk through the site you

3019
02:56:01,760 --> 02:56:05,120
see it's really well cited but on the

3020
02:56:05,120 --> 02:56:08,160
basis of of you know feasibility of of

3021
02:56:08,160 --> 02:56:10,720
what could have been an alternative we

3022
02:56:10,720 --> 02:56:13,040
really went through a lot of stuff and I

3023
02:56:13,040 --> 02:56:15,840
think that that what we did by actually

3024
02:56:15,840 --> 02:56:17,920
kind of want to thank John from the last

3025
02:56:17,920 --> 02:56:19,920
time and bringing up the bluff that we

3026
02:56:19,920 --> 02:56:21,439
redesigned it because it actually turned

3027
02:56:21,439 --> 02:56:24,160
out to be a much more uh environmentally

3028
02:56:24,160 --> 02:56:26,000
feasible project and a much better

3029
02:56:26,000 --> 02:56:29,520
project on a lot of bases by moving and

3030
02:56:29,520 --> 02:56:32,720
re rehabbing it. So, yeah, I've I went

3031
02:56:32,720 --> 02:56:36,160
round and round on on different things

3032
02:56:36,160 --> 02:56:39,040
to do. And we do that. I don't think

3033
02:56:39,040 --> 02:56:41,040
it's up to the the staff to figure it

3034
02:56:41,040 --> 02:56:42,479
because if it doesn't hit it, they're

3035
02:56:42,479 --> 02:56:44,800
like, "No, it's not going to go. You got

3036
02:56:44,800 --> 02:56:46,399
to redesign this because it won't make

3037
02:56:46,399 --> 02:56:49,040
any sense." But that's our job is to

3038
02:56:49,040 --> 02:56:50,479
come in with different stuff that we've

3039
02:56:50,479 --> 02:56:52,399
come up with that's going to be to to

3040
02:56:52,399 --> 02:56:54,800
the best usage of that property. And

3041
02:56:54,800 --> 02:56:56,800
being four and a half acres, you know,

3042
02:56:56,800 --> 02:56:58,319
you can do a lot with it, but we were

3043
02:56:58,319 --> 02:57:00,560
really restricted because of all the,

3044
02:57:00,560 --> 02:57:01,680
you know, the stuff John was talking

3045
02:57:01,680 --> 02:57:03,920
about with the slopes and with the

3046
02:57:03,920 --> 02:57:08,880
previous stuff and uh, you know, it's not a challenging site. It's a

3047
02:57:08,880 --> 02:57:11,359
unique site. I hope that answers your

3048
02:57:11,359 --> 02:57:12,000
question.

3049
02:57:12,000 --> 02:57:12,880
>> Yes, sir.

3050
02:57:12,880 --> 02:57:17,359
>> Um, since you're so far from the ocean,

3051
02:57:17,359 --> 02:57:20,080
>> why no?

3052
02:57:20,080 --> 02:57:23,670
>> Because that's extortion.

3053
02:57:23,680 --> 02:57:26,000
Let me finish my question because the

3054
02:57:26,000 --> 02:57:27,920
MRCA

3055
02:57:27,920 --> 02:57:30,479
Their appeal last last time was based on

3056
02:57:30,479 --> 02:57:32,880
that and it doesn't seem like anybody

3057
02:57:32,880 --> 02:57:35,840
would ever see anybody down there but

3058
02:57:35,840 --> 02:57:38,560
semi inviting an appeal.

3059
02:57:38,560 --> 02:57:42,080
>> So I'm sorry the question is why are you

3060
02:57:42,080 --> 02:57:44,080
unwilling to grant a lateral ement on

3061
02:57:44,080 --> 02:57:46,319
the beach? Well, it's an interesting

3062
02:57:46,319 --> 02:57:49,920
question because that beach uh is still

3063
02:57:49,920 --> 02:57:53,600
quite a a decent beach and so all of the

3064
02:57:53,600 --> 02:57:55,680
coastal properties that we have have a

3065
02:57:55,680 --> 02:57:59,120
mean high tide line to that. The the the

3066
02:57:59,120 --> 02:58:00,720
east that would be granted would be of

3067
02:58:00,720 --> 02:58:02,319
no use. They've already got it because

3068
02:58:02,319 --> 02:58:05,520
the toe of the slope or of the bluff

3069
02:58:05,520 --> 02:58:08,000
actually is about where that would be.

3070
02:58:08,000 --> 02:58:09,920
So people already have access. You can

3071
02:58:09,920 --> 02:58:11,920
use that all you want from the mean

3072
02:58:11,920 --> 02:58:14,160
guide to where where you can't use

3073
02:58:14,160 --> 02:58:16,479
property. So there's no it's kind of a

3074
02:58:16,479 --> 02:58:18,399
moot point to to do that.

3075
02:58:18,399 --> 02:58:21,279
>> I understand that it's just like

3076
02:58:21,279 --> 02:58:25,269
a red flag

3077
02:58:25,279 --> 02:58:27,040
saying why are you leaving yourself open

3078
02:58:27,040 --> 02:58:31,120
to possibly being um sent to the Coastal

3079
02:58:31,120 --> 02:58:33,359
Commission again?

3080
02:58:33,359 --> 02:58:35,200
>> Well, that could happen either way.

3081
02:58:35,200 --> 02:58:37,840
>> Yeah, it could happen either. I mean,

3082
02:58:37,840 --> 02:58:40,640
you know, maybe it's a

3083
02:58:40,640 --> 02:58:51,200
I I don't know. Yeah. Yeah. I mean I I I

3084
02:58:51,200 --> 02:58:53,920
guess we could ask Charles that one, but

3085
02:58:53,920 --> 02:58:57,120
uh if I were to say that it's there's no

3086
02:58:57,120 --> 02:58:58,720
reason for it. There's no reason to

3087
02:58:58,720 --> 02:59:01,359
grant the easement when it's already got

3088
02:59:01,359 --> 02:59:03,680
everything there. You know that look, we

3089
02:59:03,680 --> 02:59:05,200
want people to enjoy the benefit of the

3090
02:59:05,200 --> 02:59:08,720
coast. You can. So why add more

3091
02:59:08,720 --> 02:59:10,399
documentation, something that's going to

3092
02:59:10,399 --> 02:59:14,720
cause more legal in my opinion? Any

3093
02:59:14,720 --> 02:59:18,309
other questions?

3094
02:59:18,319 --> 02:59:22,800
» He he brought up that sure this is maxed

3095
02:59:22,800 --> 02:59:26,960
out project but it's also acre

3096
02:59:26,960 --> 02:59:28,240
four and a half acres. He's not doing

3097
02:59:28,240 --> 02:59:36,230
this on two acres.

3098
02:59:36,240 --> 02:59:40,080
» Um is anybody going to make a motion?

3099
02:59:40,080 --> 02:59:43,830
All

3100
02:59:43,840 --> 03:00:01,590
right, I'll make

3101
03:00:01,600 --> 03:00:02,479
you call.

3102
03:00:02,479 --> 03:00:05,120
>> Yeah, please.

3103
03:00:05,120 --> 03:00:08,960
>> Yes. Commissioner.

3104
03:00:08,960 --> 03:00:10,319
>> Yes.

3105
03:00:10,319 --> 03:00:12,640
Commissioner Leonard.

3106
03:00:12,640 --> 03:00:13,600
>> Yes.

3107
03:00:13,600 --> 03:00:16,080
>> Commissioner,

3108
03:00:16,080 --> 03:00:18,560
>> yes. Vice Chair,

3109
03:00:18,560 --> 03:00:19,359
>> yes.

3110
03:00:19,359 --> 03:00:25,670
>> Motion carries.

3111
03:00:25,680 --> 03:00:28,790
» Congratulations.

3112
03:00:28,800 --> 03:00:31,920
We are now on item 5D,

3113
03:00:31,920 --> 03:00:34,960
coastal development permit 26-020,

3114
03:00:34,960 --> 03:00:37,520
an application for a new seaw wall

3115
03:00:37,520 --> 03:00:40,640
repair as a followup to emergency CDP

3116
03:00:40,640 --> 03:00:42,720
25-001

3117
03:00:42,720 --> 03:01:14,790
at 31656 Sea Level Drive.

3118
03:01:14,800 --> 03:01:16,319
Good evening, Chair Peak and members of

3119
03:01:16,319 --> 03:01:17,359
the planning commission. They're

3120
03:01:17,359 --> 03:01:18,800
requesting for you for coastal

3121
03:01:18,800 --> 03:01:22,479
development number 26-020

3122
03:01:22,479 --> 03:01:24,800
located at 31656

3123
03:01:24,800 --> 03:01:30,000
Double Drive to allow for seaw wall.

3124
03:01:30,000 --> 03:01:31,840
The subject part is located on a

3125
03:01:31,840 --> 03:01:34,560
rectangular shaped beach lot front

3126
03:01:34,560 --> 03:01:36,560
beachfront parcel on the ocean side of

3127
03:01:36,560 --> 03:01:40,319
PCH in the Lusa Beach residential

3128
03:01:40,319 --> 03:01:42,240
neighborhood. The parcel is developed

3129
03:01:42,240 --> 03:01:44,560
with a two-story single family residence

3130
03:01:44,560 --> 03:01:47,680
with an attached garage. The parcel is

3131
03:01:47,680 --> 03:01:50,000
access to sea level drive a private

3132
03:01:50,000 --> 03:01:52,000
street which connected connects to Broad

3133
03:01:52,000 --> 03:01:53,680
Beach and PCH to the north of the

3134
03:01:53,680 --> 03:01:55,760
subject site.

3135
03:01:55,760 --> 03:01:57,600
A bit of project background. In June

3136
03:01:57,600 --> 03:01:59,920
2025, the city received an application

3137
03:01:59,920 --> 03:02:01,680
for an emergency coastal development

3138
03:02:01,680 --> 03:02:04,880
permit number 25-011

3139
03:02:04,880 --> 03:02:07,359
to repair a failed concrete seaw wall

3140
03:02:07,359 --> 03:02:10,080
because the existing on-site wastewater

3141
03:02:10,080 --> 03:02:12,000
treatment system serving the resident

3142
03:02:12,000 --> 03:02:13,760
was in immediate danger of being damaged

3143
03:02:13,760 --> 03:02:17,279
or destroyed from wave up.

3144
03:02:17,279 --> 03:02:20,160
The LAP requires for a follow-up CDP to

3145
03:02:20,160 --> 03:02:22,560
be processed after an ECDP is obtained.

3146
03:02:22,560 --> 03:02:24,800
If a subject application is approved,

3147
03:02:24,800 --> 03:02:28,800
CDP number 26 020 will memorialize the

3148
03:02:28,800 --> 03:02:33,439
work completed under ECDP number 25-011.

3149
03:02:33,439 --> 03:02:35,439
No other development is proposed in the

3150
03:02:35,439 --> 03:02:38,640
city in the CDP that was not otherwise

3151
03:02:38,640 --> 03:02:41,439
approved in the ECDP.

3152
03:02:41,439 --> 03:02:43,439
Staff has also received a determination

3153
03:02:43,439 --> 03:02:45,359
letter from the California state lands

3154
03:02:45,359 --> 03:02:47,279
confirming that all proposed available

3155
03:02:47,279 --> 03:02:49,840
will remain landward and landlord of the

3156
03:02:49,840 --> 03:02:52,479
required land mean high mean high

3157
03:02:52,479 --> 03:02:54,880
tideline setback as required from the LI

3158
03:02:54,880 --> 03:02:59,269
section.

3159
03:02:59,279 --> 03:03:03,040
The proposed work is to repair a full

3160
03:03:03,040 --> 03:03:04,720
concrete seaw wall by excavating under

3161
03:03:04,720 --> 03:03:06,800
the existing seaw wall and underpinning

3162
03:03:06,800 --> 03:03:09,040
the concrete filled with geob bags.

3163
03:03:09,040 --> 03:03:11,200
Installation of an imported compact and

3164
03:03:11,200 --> 03:03:13,359
sand bag

3165
03:03:13,359 --> 03:03:18,000
and filter rock filter rock material and

3166
03:03:18,000 --> 03:03:19,920
repair a portion of the driver surface

3167
03:03:19,920 --> 03:03:22,240
like the lake. All proposed development

3168
03:03:22,240 --> 03:03:23,920
was previously completed as part of the

3169
03:03:23,920 --> 03:03:28,309
ECDP number 25-01.

3170
03:03:28,319 --> 03:03:30,240
Here we have the seaw wall repair site

3171
03:03:30,240 --> 03:03:32,880
plan. On the left side you see the ocean

3172
03:03:32,880 --> 03:03:34,800
side and on the right side we have the

3173
03:03:34,800 --> 03:03:37,680
sea level dress. Here we have the

3174
03:03:37,680 --> 03:03:42,070
existenc

3175
03:03:42,080 --> 03:03:47,910
underneath. Here we show the OTS.

3176
03:03:47,920 --> 03:03:54,160
Here we have a section of the seaw wall

3177
03:03:54,160 --> 03:03:55,680
staff is recommending that the planning

3178
03:03:55,680 --> 03:03:57,439
commission adopt planning commission

3179
03:03:57,439 --> 03:04:01,120
resolution number 26 37 determining the

3180
03:04:01,120 --> 03:04:03,200
project is cate categorically exempt

3181
03:04:03,200 --> 03:04:07,200
from squa and approve CDP number 26-020

3182
03:04:07,200 --> 03:04:09,040
for the repair of the sale concrete seaw

3183
03:04:09,040 --> 03:04:11,520
wall as part of the followup

3184
03:04:11,520 --> 03:04:13,920
number 25-011

3185
03:04:13,920 --> 03:04:16,640
located in a single family medium zoning

3186
03:04:16,640 --> 03:04:19,520
district at 31656

3187
03:04:19,520 --> 03:04:22,080
Level Drive. This concludes my

3188
03:04:22,080 --> 03:04:24,479
presentation. Staff and applicants are

3189
03:04:24,479 --> 03:04:26,319
available for

3190
03:04:26,319 --> 03:04:38,150
>> Thank you very much. Any disclosures?

3191
03:04:38,160 --> 03:04:40,950
» None.

3192
03:04:40,960 --> 03:04:42,880
Um,

3193
03:04:42,880 --> 03:04:44,479
do you want a question before the

3194
03:04:44,479 --> 03:04:47,910
applicant?

3195
03:04:47,920 --> 03:04:49,120
» Answers, right?

3196
03:04:49,120 --> 03:04:50,640
>> Uh, yeah, you have a public speaker,

3197
03:04:50,640 --> 03:04:51,040
too.

3198
03:04:51,040 --> 03:04:52,960
>> Oh, we do.

3199
03:04:52,960 --> 03:04:56,080
>> Okay. So, uh, Charles,

3200
03:04:56,080 --> 03:04:57,760
do you want to make any public comments

3201
03:04:57,760 --> 03:04:58,880
or you just want to ask answer

3202
03:04:58,880 --> 03:05:11,910
questions? Okay. Norm

3203
03:05:11,920 --> 03:05:13,680
First of all, I'm not a consultant on

3204
03:05:13,680 --> 03:05:16,720
this project or uh the engineer on the

3205
03:05:16,720 --> 03:05:19,359
project, but I do know a great deal

3206
03:05:19,359 --> 03:05:23,279
about this particular beach. And

3207
03:05:23,279 --> 03:05:25,439
um I think that the only way that a

3208
03:05:25,439 --> 03:05:27,840
single family home can be built on this

3209
03:05:27,840 --> 03:05:31,359
property uh is if the [clears throat]

3210
03:05:31,359 --> 03:05:33,520
existing seaw wall were to be repaired.

3211
03:05:33,520 --> 03:05:37,120
So I see it as a repair and maintenance

3212
03:05:37,120 --> 03:05:42,960
issue rather than a uh a seaw wall that

3213
03:05:42,960 --> 03:05:46,720
was never there. So, um those are my

3214
03:05:46,720 --> 03:05:49,920
comments. Um

3215
03:05:49,920 --> 03:05:52,000
I think project should be approved.

3216
03:05:52,000 --> 03:05:54,800
Thanks, Tom. Um Charles, do you have any

3217
03:05:54,800 --> 03:06:01,429
follow up to that?

3218
03:06:01,439 --> 03:06:04,800
» So, last last year

3219
03:06:04,800 --> 03:06:06,800
Earlier in the year in the winter, owner

3220
03:06:06,800 --> 03:06:10,240
came home and noticed

3221
03:06:10,240 --> 03:06:26,550
in front of the garage

3222
03:06:26,560 --> 03:06:30,080
and she got under the garage. So we had

3223
03:06:30,080 --> 03:06:33,830
to jump on it.

3224
03:06:33,840 --> 03:06:36,000
in October of last year and they did the

3225
03:06:36,000 --> 03:06:40,309
work,

3226
03:06:40,319 --> 03:06:47,750
but it could have gone up into

3227
03:06:47,760 --> 03:06:50,479
thank you. Um, we have nobody on Zoom.

3228
03:06:50,479 --> 03:06:51,439
All right, we're going to go ahead and

3229
03:06:51,439 --> 03:06:52,800
close public comment. We'll call you up

3230
03:06:52,800 --> 03:06:55,600
if we have any other questions. John,

3231
03:06:55,600 --> 03:07:00,070
take a couple questions.

3232
03:07:00,080 --> 03:07:07,590
It doesn't appear that they filed their

3233
03:07:07,600 --> 03:07:24,710
Emergency

3234
03:07:24,720 --> 03:07:28,479
is this house part of the

3235
03:07:28,479 --> 03:07:35,349
bigger seaw wall repair we had

3236
03:07:35,359 --> 03:07:42,469
11

3237
03:07:42,479 --> 03:07:45,520
permit. So there's

3238
03:07:45,520 --> 03:07:49,349
two walls.

3239
03:07:49,359 --> 03:07:51,439
» I think just in this individual case

3240
03:07:51,439 --> 03:07:53,600
there are other that have been

3241
03:07:53,600 --> 03:07:55,920
compromised but this was an individual

3242
03:07:55,920 --> 03:07:57,040
property owner that's trying to take

3243
03:07:57,040 --> 03:08:01,670
care of this portion.

3244
03:08:01,680 --> 03:08:03,439
Move approval.

3245
03:08:03,439 --> 03:08:05,520
>> I

3246
03:08:05,520 --> 03:08:10,710
roll call.

3247
03:08:10,720 --> 03:08:11,439
» Yes.

3248
03:08:11,439 --> 03:08:13,040
>> Vice chairman.

3249
03:08:13,040 --> 03:08:18,070
>> Yes.

3250
03:08:18,080 --> 03:08:35,910
» Unanimous.

3251
03:08:35,920 --> 03:08:37,760
All right. So, we're now CDP number

3252
03:08:37,760 --> 03:08:41,520
26.023 and demolition permit 26.014

3253
03:08:41,520 --> 03:08:43,359
application removing existing single

3254
03:08:43,359 --> 03:08:45,200
family residence and associated

3255
03:08:45,200 --> 03:08:59,030
development 23826 Mile Road.

3256
03:08:59,040 --> 03:09:00,720
Good evening, Chair Peak and members of

3257
03:09:00,720 --> 03:09:02,000
the planning commission. My name is

3258
03:09:02,000 --> 03:09:04,319
Courtney Brown and I am the planner who

3259
03:09:04,319 --> 03:09:06,800
processed this application and I will be

3260
03:09:06,800 --> 03:09:10,800
presenting on CDC uh 26-023

3261
03:09:10,800 --> 03:09:16,469
and demolition permit 26-014.

3262
03:09:16,479 --> 03:09:18,000
The subject parcel is currently

3263
03:09:18,000 --> 03:09:20,080
developed with a twostory single family

3264
03:09:20,080 --> 03:09:22,960
residence and a twotory detached garage

3265
03:09:22,960 --> 03:09:25,920
with a secondary unit. The surrounding

3266
03:09:25,920 --> 03:09:28,720
area is zoned single family medium and

3267
03:09:28,720 --> 03:09:30,960
commercial general. Existing development

3268
03:09:30,960 --> 03:09:33,520
east and west consists of twotory single

3269
03:09:33,520 --> 03:09:35,680
family residence with detached accessory

3270
03:09:35,680 --> 03:09:38,160
structures and the parcel to the north

3271
03:09:38,160 --> 03:09:40,000
is developed at the commercial shopping

3272
03:09:40,000 --> 03:09:42,880
center at webway. The subject site is

3273
03:09:42,880 --> 03:09:45,200
currently located within a vertical

3274
03:09:45,200 --> 03:09:48,399
public access between PCH and the

3275
03:09:48,399 --> 03:09:51,439
Pacific Ocean. And along the vertical

3276
03:09:51,439 --> 03:09:53,520
axis, the subject parcel includes a

3277
03:09:53,520 --> 03:09:55,920
lateral public access along the beach

3278
03:09:55,920 --> 03:09:59,680
landward of the main high line.

3279
03:09:59,680 --> 03:10:01,920
A little project background. On

3280
03:10:01,920 --> 03:10:04,720
September 10th, 2025, the applicant

3281
03:10:04,720 --> 03:10:06,800
submitted an over- theounter for the

3282
03:10:06,800 --> 03:10:08,880
interior and exterior remodel of the

3283
03:10:08,880 --> 03:10:11,359
residence. The over the counter was

3284
03:10:11,359 --> 03:10:14,399
approved on December 23rd, 2025 and the

3285
03:10:14,399 --> 03:10:17,920
project proceeded to building plan check

3286
03:10:17,920 --> 03:10:20,960
on March 9th, 2026. While in building

3287
03:10:20,960 --> 03:10:22,560
plan check, the scope of work was

3288
03:10:22,560 --> 03:10:24,160
revised to include the partial

3289
03:10:24,160 --> 03:10:26,240
foundation repair to the single family

3290
03:10:26,240 --> 03:10:28,800
residence. And on March 30th, the OC

3291
03:10:28,800 --> 03:10:31,359
approval was voided in the extent of the

3292
03:10:31,359 --> 03:10:33,680
development was no longer eligible for a

3293
03:10:33,680 --> 03:10:36,640
CDP exemption. In response, the

3294
03:10:36,640 --> 03:10:38,720
applicant submitted a CDP in a

3295
03:10:38,720 --> 03:10:40,800
demolition permit for the interior and

3296
03:10:40,800 --> 03:10:43,680
exterior remodel and foundation repair.

3297
03:10:43,680 --> 03:10:46,240
On June 29th, planning staff conducted a

3298
03:10:46,240 --> 03:10:48,640
site visit and identified it identified

3299
03:10:48,640 --> 03:10:50,240
unpermitted landscaping in a

3300
03:10:50,240 --> 03:10:52,399
pre-fabricated spa installed within the

3301
03:10:52,399 --> 03:10:54,800
wave up zone without the benefit of a

3302
03:10:54,800 --> 03:10:57,520
permit. And on August 5th, the planning

3303
03:10:57,520 --> 03:11:00,960
division approved an after the fact uh

3304
03:11:00,960 --> 03:11:02,720
for the removal of the unpermitted

3305
03:11:02,720 --> 03:11:07,670
landscaping and pre-fabricated

3306
03:11:07,680 --> 03:11:10,479
The CDP and demolition permit proposes

3307
03:11:10,479 --> 03:11:12,720
the following. The demolition of

3308
03:11:12,720 --> 03:11:15,840
approximately 4.4 exterior walls for the

3309
03:11:15,840 --> 03:11:18,000
detached garage and second floor unit

3310
03:11:18,000 --> 03:11:20,960
and approximately 5.6% of the exterior

3311
03:11:20,960 --> 03:11:23,840
walls of the residence. The exterior and

3312
03:11:23,840 --> 03:11:25,760
interior remodel of the residence and

3313
03:11:25,760 --> 03:11:28,399
detached garage and second unit. repair

3314
03:11:28,399 --> 03:11:31,600
of approximately 247 square ft of the

3315
03:11:31,600 --> 03:11:33,359
single family residence with existing

3316
03:11:33,359 --> 03:11:35,680
foundation pad and footings and

3317
03:11:35,680 --> 03:11:37,840
replacing decking pavers and deck

3318
03:11:37,840 --> 03:11:41,510
railing.

3319
03:11:41,520 --> 03:11:44,000
Depicted here is the proposed site plan

3320
03:11:44,000 --> 03:11:45,760
where the proposed scope of work would

3321
03:11:45,760 --> 03:11:47,840
remain entirely within the existing

3322
03:11:47,840 --> 03:11:52,240
development area.

3323
03:11:52,240 --> 03:11:54,960
And on June 25th, 2026, the planning

3324
03:11:54,960 --> 03:11:57,040
division did receive a jurisdictional

3325
03:11:57,040 --> 03:11:58,960
determination letter from the California

3326
03:11:58,960 --> 03:12:00,800
State Lands Commission confirming that

3327
03:12:00,800 --> 03:12:03,279
all proposed development would remain

3328
03:12:03,279 --> 03:12:06,160
landward at the required 10 foot mean

3329
03:12:06,160 --> 03:12:08,960
height lines that back in and any

3330
03:12:08,960 --> 03:12:13,279
requirements uh stated in the LI.

3331
03:12:13,279 --> 03:12:15,120
Here are the proposed north and south

3332
03:12:15,120 --> 03:12:16,880
elevations of the single family

3333
03:12:16,880 --> 03:12:18,640
resident.

3334
03:12:18,640 --> 03:12:20,800
And here are the proposed west and

3335
03:12:20,800 --> 03:12:23,680
eastern elevations.

3336
03:12:23,680 --> 03:12:26,479
Here is the um proposed north and south

3337
03:12:26,479 --> 03:12:29,279
elevation of the detach garage and

3338
03:12:29,279 --> 03:12:32,000
secondary unit.

3339
03:12:32,000 --> 03:12:34,319
And here are the west and east

3340
03:12:34,319 --> 03:12:37,120
elevations.

3341
03:12:37,120 --> 03:12:39,600
This is a partial foundation plan of the

3342
03:12:39,600 --> 03:12:41,520
existing single family residence which

3343
03:12:41,520 --> 03:12:44,160
proposes repair and maintenance to the

3344
03:12:44,160 --> 03:12:48,160
existing foundation pad and put

3345
03:12:48,160 --> 03:12:50,800
and as mentioned previously work was

3346
03:12:50,800 --> 03:12:52,319
conducted without the benefit of a

3347
03:12:52,319 --> 03:12:54,399
permit. seen on the left is a Zillow

3348
03:12:54,399 --> 03:12:57,279
posting from 2024 which does not show

3349
03:12:57,279 --> 03:12:59,279
any tall landscaping along the western

3350
03:12:59,279 --> 03:13:02,240
property line. And on the right is the

3351
03:13:02,240 --> 03:13:06,080
documented um landscaping depicted or

3352
03:13:06,080 --> 03:13:08,960
identified during the Dream Point 26

3353
03:13:08,960 --> 03:13:11,520
site visit.

3354
03:13:11,520 --> 03:13:14,000
Seen on the left is the prefabricated

3355
03:13:14,000 --> 03:13:17,359
spa on top of the rear deck and on the

3356
03:13:17,359 --> 03:13:21,760
right shows the deck um was cut in and

3357
03:13:21,760 --> 03:13:24,399
then the pre-fabricated spa was placed

3358
03:13:24,399 --> 03:13:26,560
into that opening where the

3359
03:13:26,560 --> 03:13:28,720
pre-fabricated spa was located within

3360
03:13:28,720 --> 03:13:32,239
the wave upbrush zone

3361
03:13:32,239 --> 03:13:35,520
and the removal of the unpermitted work

3362
03:13:35,520 --> 03:13:37,840
uh was processed and approved under

3363
03:13:37,840 --> 03:13:43,190
OC26-108.

3364
03:13:43,200 --> 03:13:44,880
Staff is recommending the planning

3365
03:13:44,880 --> 03:13:48,160
commission adopt resolution number 26-39

3366
03:13:48,160 --> 03:13:49,520
and determine the project is

3367
03:13:49,520 --> 03:13:51,760
categorically exempt from SQA and

3368
03:13:51,760 --> 03:13:54,960
approve CDP number 26-023

3369
03:13:54,960 --> 03:13:59,200
and demolition permit number 26-014.

3370
03:13:59,200 --> 03:14:01,520
This concludes my presentation. Staff

3371
03:14:01,520 --> 03:14:03,279
and the applicant team are available for

3372
03:14:03,279 --> 03:14:06,640
any questions. Thank you.

3373
03:14:06,640 --> 03:14:10,309
um disclosures.

3374
03:14:10,319 --> 03:14:14,229
Another

3375
03:14:14,239 --> 03:14:21,670
» question.

3376
03:14:21,680 --> 03:14:24,399
So you guys did code enforcement on your

3377
03:14:24,399 --> 03:14:27,920
site inspection or

3378
03:14:27,920 --> 03:14:30,560
>> um so it was actually staff who

3379
03:14:30,560 --> 03:14:33,920
identified the unpermitted work during

3380
03:14:33,920 --> 03:14:37,200
the site inspection because I did notice

3381
03:14:37,200 --> 03:14:40,160
that the landscaping did And also the

3382
03:14:40,160 --> 03:14:43,520
pre-fabricated sp was a little strange

3383
03:14:43,520 --> 03:14:45,920
if you looked at the photographs. It

3384
03:14:45,920 --> 03:14:47,359
didn't look like it would would have

3385
03:14:47,359 --> 03:14:50,960
been permitted by the city.

3386
03:14:50,960 --> 03:14:54,160
>> Um do go ahead.

3387
03:14:54,160 --> 03:14:56,640
>> Um

3388
03:14:56,640 --> 03:15:02,790
so this is 100%.

3389
03:15:02,800 --> 03:15:08,389
So this is a remodel only

3390
03:15:08,399 --> 03:15:12,870
of the That's the way it was before.

3391
03:15:12,880 --> 03:15:15,279
» So

3392
03:15:15,279 --> 03:15:19,670
the house

3393
03:15:19,680 --> 03:15:23,760
you would have to bring it with the LCP.

3394
03:15:23,760 --> 03:15:26,640
>> Um, all right. Is the applicant on Zoom?

3395
03:15:26,640 --> 03:15:32,790
>> Can I also ask why a pref

3396
03:15:32,800 --> 03:15:33,520
» location?

3397
03:15:33,520 --> 03:15:35,840
>> Yeah. Location. Yeah. because it was in

3398
03:15:35,840 --> 03:15:38,880
the wave uprush zone, but um they could

3399
03:15:38,880 --> 03:15:41,120
have easily kept it on top of the

3400
03:15:41,120 --> 03:15:45,910
surface of the deck.

3401
03:15:45,920 --> 03:15:54,950
» Um are they on Zoom? The applicant

3402
03:15:54,960 --> 03:16:00,950
» we can hear you, but we can

3403
03:16:00,960 --> 03:16:02,239
» No, no, we can we can hear you now.

3404
03:16:02,239 --> 03:16:05,120
We're good.

3405
03:16:05,120 --> 03:16:07,120
I

3406
03:16:07,120 --> 03:16:32,630
person

3407
03:16:32,640 --> 03:16:34,319
needed.

3408
03:16:34,319 --> 03:16:39,750
That's why we only

3409
03:16:39,760 --> 03:16:43,110
wanted

3410
03:16:43,120 --> 03:16:44,640
essentially

3411
03:16:44,640 --> 03:16:50,870
and upgrade everything.

3412
03:16:50,880 --> 03:16:53,040
Sorry,

3413
03:16:53,040 --> 03:17:07,670
but it's very nice.

3414
03:17:07,680 --> 03:17:12,550
resistance.

3415
03:17:12,560 --> 03:17:16,630
The only reason

3416
03:17:16,640 --> 03:17:23,670
is because in order to up

3417
03:17:23,680 --> 03:17:36,229
very small

3418
03:17:36,239 --> 03:17:38,640
over the counter

3419
03:17:38,640 --> 03:17:47,030
and the uncitted items

3420
03:17:47,040 --> 03:17:49,439
and the

3421
03:17:49,439 --> 03:17:51,680
other

3422
03:17:51,680 --> 03:17:53,359
will

3423
03:17:53,359 --> 03:17:55,439
approve us

3424
03:17:55,439 --> 03:17:59,840
and we appreciate how much work

3425
03:17:59,840 --> 03:18:06,630
I do have

3426
03:18:06,640 --> 03:18:12,309
questions that are more

3427
03:18:12,319 --> 03:18:15,600
» All right. Well, um, we'll get you guys

3428
03:18:15,600 --> 03:18:16,880
back on here in a minute. I don't Are

3429
03:18:16,880 --> 03:18:19,279
there any other comments

3430
03:18:19,279 --> 03:18:20,960
on Zoom?

3431
03:18:20,960 --> 03:18:23,040
>> Jen Da has her hand raised. I'm not sure

3432
03:18:23,040 --> 03:18:23,600
if she's

3433
03:18:23,600 --> 03:18:35,750
>> Is she part of the applicant team?

3434
03:18:35,760 --> 03:18:37,520
Yeah, we can hear you. Is Jen part of

3435
03:18:37,520 --> 03:18:50,150
your team?

3436
03:18:50,160 --> 03:18:51,840
» Okay. So, we'll call on you if we need

3437
03:18:51,840 --> 03:18:55,110
you.

3438
03:18:55,120 --> 03:19:01,030
» No questions. Move for approval.

3439
03:19:01,040 --> 03:19:02,640
» Second

3440
03:19:02,640 --> 03:19:07,910
call.

3441
03:19:07,920 --> 03:19:09,200
» Commissioner Ma,

3442
03:19:09,200 --> 03:19:10,160
>> yes.

3443
03:19:10,160 --> 03:19:12,160
>> Commissioner,

3444
03:19:12,160 --> 03:19:13,840
>> yes. Commissioner Leonard,

3445
03:19:13,840 --> 03:19:14,720
>> yes.

3446
03:19:14,720 --> 03:19:16,080
>> Vice Chair Cameron,

3447
03:19:16,080 --> 03:19:18,640
>> yes.

3448
03:19:18,640 --> 03:19:20,000
>> All right, we're going to adjourn. Thank

3449
03:19:20,000 --> 03:19:21,600
you very much. I hope everybody has a

3450
03:19:21,600 --> 03:19:23,279
good night. We'll see you in a few

3451
03:19:23,279 --> 03:19:26,279
weeks.