Adopted revisions include added protection language for surrounding neighborhoods
The Planning Commission held a second public hearing to update regulations related to Temporary Use Permits (TUPs) on Monday, April 1. The hearing was to address comments provided by the Planning Commission on March 20.
On Dec. 13, 2021, the City Council directed staff to prepare a Zoning Text Amendment (ZTA) and to hold hearings before Zoning Ordinance Revisions and Code Enforcement Subcommittee (ZORACES) and the Planning Commission before presenting a final ordinance to the City Council. ZORACES held two meetings on the ZTA on April 14 and Oct. 12, 2022 and made its recommendations. Once the commission’s recommendations are finalized, the item will be scheduled for a City Council public hearing.
Contract planner Joseph Smith provided the presentation overviewing the TUP and recommend a formal recommendation to the city council with revisions made to the ordinance.
The revisions include added protection language regarding neighborhoods. The intent is to ensure the requests will not detriment the public health, safety and general welfare surrounding neighborhoods or communities as a whole. Other revisions include a clarification requirement from all agencies and approval determined by the planning director, as well as a public notice for properties within a 500-foot radius of the subject property. Some public notices may be waved by the planning director for certain types of minor TUPs.
Some feedback Smith noted to council are an update on TUP fee commensurate with staff time spent on TUPs; as well as adding planning staff positions to help facilitate the TUPs’ processing.
The commission had a two-hour discussion in regards to TUP application requirements, parking, traffic, and concerns with parcels with event ownership.
Commissioner Kraig Hills asked about events with over 500 guests, especially about how parking will be handled.
“Have we adequately considered the case where somebody outside the city wants to shuttle guests to and from a parking area in the city? Can we say outside of the city events cannot park in the city?” Hill said. “How do we address these big outside events that want to have a component in the city?”
Commissioner John Mazza raised his concern on private events that anticipate parking for 500 people and continued to oppose allowing outside events with over 250 people.
“That’s totally fine,” Commissioner Skylar Peak said. “They figured out and come up with a plan that is adequate for them, there’s nothing wrong with that.”
Smith said both minor and major TUPs include a catch-all provision that allows the director to move up an event after it has been approved by the planning director.
“This ordinance update was intended to prime resolve several issues that are happening, the timeless for the TUP’s have been problematic, in this case, this could be small events where they’re organized in the late of the hour, they realize they need a TUP, they talk to Richard, it’s just the timeline don’t always match up,” Smith said. “This ordinance is trying to find a balance that weighs it all.”
After a two-hour discussion, the commission adopted the revisions.
The commission adopted No. 23-25, determining the project is categorically exempt from the California Environmental Quality Act, and approving Coastal Development Permit-Woolsey Fire No. 21-005 for the construction of a new one-story, 4,691-square-foot
single-family residence plus a 2,686-square-foot basement, a 737-square-foot detached garage, 227-square-foot surf shack, pickleball court, swimming pool, spa, grading, retaining walls, hardscaping and landscaping, a new onsite wastewater treatment system and associated development; including Minor Modification No. 22-001 for a 50 percent reduction of the front yard setback, located in the Rural Residential, One Acre zoning district at 6642 Zumirez Drive (Contract Planner Pisarkiewicz).
The commission continued the Extension of Coastal Development Permit No. 14-028 to the May 15 Regular Planning Commission meeting. A request to extend the Planning Commission’s approval of an application for the construction of a new single-family home and associated development.
The commission continued the Coastal Development Permit No. 21-048 to a date uncertain. An application to replace a failed retaining wall as part of a follow-up to Emergency Coastal Development Permit No. 20-005 (32852 Pacific Coast Highway).
The agenda, staff report, viewing and commenting instructions are posted on the website at malibucity.org/agendacenter. The next Planning Commission meeting is scheduled for May 15.