Extension of Coastal Development Permit No. 08
Transcription
Extension of Coastal Development Permit No. 08
Planning Commission Meeting 07-18-16 Commission Agenda Report Item 3.B.5. To: Chair Stack and Members of the Planning Commission Prepared by: Stephanie Hawner, Associate Planner Approved by: Bonnie Blue, Planning Director1~, Date prepared: July 6, 2016 Subject: Extension of Coastal Development Permit No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Demolition Permit No. 08-014, and Site Plan Review No. 10-012 A request to extend the Planning Commission’s previous approval for demolition of an existing gas station, construction of a new commercial building, and associated development Meeting Date: July 18, 2016 — Location: APN: Owner: 22729 Pacific Coast Highway 4452-022-010 WFS Seastar Co., LLC RECOMMENDED ACTION: Planning Commission Resolution No. 16-63 (Attachment 1) granting a one-year extension of Coastal Development Permit (CDP) No. 08-055, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003, Demolition Permit No. 08-014, and Site Plan Review No. 10-012, an application for demolition of an existing gas station, construction of a new commercial building, and associated development in the Community Commercial zoning district located at 22729 Pacific Coast Highway (WFS Seastar Co., LLC). DISCUSSION: On June 1, 2010, the Planning Commission adopted Resolution No. 1043, approving the subject application. Pursuant to Local Coastal Program Local Implementation Plan Section 13.21, Condition of Approval No. 6 in Planning Commission Resolution No. 10-43 states that the coastal development permit and associated requests shall expire if the project has not commenced within two years after final City action. Extension to the permit may be granted by the approving authority for due cause. The item before the Commission is an extension request by the applicant. A complete project chronology of the project, including scope of work and approvals, can be found in Planning Commission Resolution No. 16-63. Page 1 of 2 Agenda Item 3.B.5. The subject coastal development permit was originally approved on June 1, 2010, has been extended three times previously, and was set to expire on June 1, 2016. On May 24, 2016, the applicant submitted a fourth extension request to ensure a valid CDP remains in place while the applicant processes building plan check corrections. CONCLUSION: The project conditions, and the zoning ordinance under which the approval was issued, have not significantly changed. Upon the Planning Commission’s approval of the time extension request, the approval set forth in Planning Commission Resolution No. 10-43 shall remain valid for an additional one-year term. The expiration date of this approval would then be June 1, 2017. All conditions of approval in Planning Commission Resolution No. 10-43 will remain in effect. ATTACHMENTS: 1. 2. 3. Planning Commission Resolution No. 16-63 Time Extension Request Public Hearing Notice Copies of all previously issued resolutions relating to the project can be obtained from the Planning Department upon request. Page 2 of 2 Agenda Item 3.B.5. CITY OF MALIBU PLANNING COMMISSION RESOLUTION NO. 16-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MALIBU GRANTING A ONE-YEAR EXTENSION OF COASTAL DEVELOPMENT PERMIT NO. 08-055, VARIANCE NOS. 10-005 AND 10-006, CONDITIONAL USE PERMIT NO. 10-003, DEMOLITION PERMIT NO. 08-014, AND SITE PLAN REVIEW NO. 10-012, AN APPLICATION FOR DEMOLITION OF AN EXISTING GAS STATION, CONSTRUCTION OF A NEW COMMERCIAL BUILDING, AND ASSOCIATED DEVELOPMENT AND ASSOCIATED DEVELOPMENT IN THE COMMUNITY COMMERCIAL ZONING DISTRICT LOCATED AT 22729 PACIFIC COAST HIGHWAY (WFS SEASTAR CO., LLC) The Planning Commission of the City Of Malibu does hereby find, order and resolve as follows: SECTION 1. Recitals. A. On June 1, 2010, the Planning Commission adopted Planning Commission Resolution No. 10-43, approving Coastal Development Permit (CDP) No. 08-055, Site Plan Review No. 10-0 12, Variance Nos. 10-005 and 10-006, Conditional Use Permit No. 10-003 and Demolition Permit No. 08-014. The expiration date for the approval was June 1, 2012. B. On May 1, 2012, the Planning Commission adopted Resolution No. 12-39, granting a two-year extension of CDP No. 08-055. C. On May 19, 2014, the Planning Commission adopted Resolution No. 14-51, granting a one-year extension of CDP No. 08-055. D. On June 15, 2015, the Planning Commission adopted Resolution No. 15-36, granting a one-year extension of CDP No. 08-055. E. On May 24, 2016, the applicant submitted a fourth time extension request. F. On June 23, 2016, a Notice of Public Hearing was published in a newspaper of general circulation within the City of Malibu and was mailed to all property owners and occupants within a 500-foot radius of the subject property. G. On July 18, 2016, the Planning Commission held a duly noticed public hearing on the request, reviewed and considered the agenda report, reviewed and considered written correspondence, public testimony, and other information in the record. ATTACHMENT 1 Resolution No 16-63 Page 2 of 3 SECTION 2. Environmental Review. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission previously determined the project to be categorically exempt pursuant to CEQA Guidelines Sections 15301(1)(3) Existing Facilities and 15303(c) New Construction or Conversion of Small Structures. As such, Categorical Exemption No. 10-063 was filed for CDP No. 08-055, — SECTION 3. — Findings of Fact. Pursuant to Local Coastal Program Local Implementation Plan Section 13.21, the Planning Commission, having considered the staff report, all written correspondence and oral testimony presented at the public hearing, hereby finds that the applicant has demonstrated due cause for the necessity of a time extension of the approval of the coastal development permit and associated requests. SECTION 4. Planning Commission Action. A. The approvals set forth in Planning Commission Resolution No. 10-43 are hereby extended for an additional one-year term. The approval is now set to expire on June 1, 2017. B. No other changes to the conditions contained in Planning Commission Resolution No. 10-43 are made and all other findings, terms and/or conditions contained in Planning Commission Resolution No. 10-43 shall remain in full force and effect. SECTION 5. The Planning Commission shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18t1~ day of July, 2016. ROOHI STACK, Planning Commission Chair ATTEST: KATHLEEN STECKO, Recording Secretary Resolution No 16-63 Page 3 of 3 LOCAL APPEAL A decision of the Planning Commission may be appealed to the City Council by an aggrieved person by written statement setting forth the grounds for appeal. An appeal shall be filed with the City Clerk within 10 days and shall be accompanied by an appeal form and proper appeal fee. The appellant shall pay fees as specified in the Council adopted fee resolution in effect at the time of the appeal. Appeal forms and fee schedule may be found online at www.malibucity.org/planningforms, in person at City Hall, or by calling (310) 456-2489, extension 245. - - I CERTIFY THAT THE FOREGOll’~G RESOLUTION NO. 16-63 was passed and adopted by the Planning Commission of the City of Malibu at the regular meeting thereof held on the 1 8th day of July, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: KATHLEEN STECKO, Recording Secretary WFS Seastai Coo, LLC 22741 Pacific Coast Highway, Ste. 400 Malibu CA 90265 MAY 24201 BY EMAIL PLANNING “L~rI, flt~ May2O,20l6 City of Malibu Stephanic Hawner 23825 Stuart Ranch Road Malibu CA 90265 RE: RECEI V~ Email: shawner@malibucity.org CDP 08-055, 22729 Pacific Coast Highwa~r, Extension Request Dear Ms. Hawner: This time extension is being requested because the City’s Geotechnical Engineer has asked for additional information which required additional time for the project geotechnical engineer to provide Due in part to this reason and also that the plan checker has asked for extensive information which the architect is in the process of providing, the owner has not yet been able to obtain the building permit, notwithstanding three plan checks have been completed and paid for. All of the requested information will be provided as quickly as the geologist/soils engineer and architect are able to compile the information. The owner and the owner’s project consultants, engineer, and architect have been working diligently to complete the plan check process, which has been extremely time consuming. The owner is also unable to obtain a construction loan until such time as the plan check process has been completed and the owner is able to obtain firm cost estimates. There have not been any changes in the City’s commercial development standards since the project was found to be in compliance with the existing development standards. No change to the approved project is being requested with respect to this requested time extension. For the above stated reason, the Owner is requesting a 12-month extension of the existing CDP. Without the requested one-year extension, the current CDP will expire on June 1, 2016. Sincerely yours, Norman R. Haynie Manager, Las Tunas Beach, LLC and Grey Granite, LLC Owner’s Representative NRH/cek ATTACHMENT2 Notice Continued... The extension request will be presented on the consent calendar based on staff’s recommendation but any person wishing to be heard may request at the beginning of the meeting to have the application addressed separate ly. Please see the recording secretary before start of the meeting to have an item removed from consent calendar. The Commission’s decision will be memorialized in a writ ten resolution. A written staff report will be available at or before the hear ing for the project. All persons wishing to address the Commission regarding this matter will be afforded an op portunity in accordance with the Commission’s proce dures. Copies of all related documents are available for review at City Hall during regular business hours. Written com ments may be presented to the Planning Commission at any time prior to the beginning of the public hearing. LOCAL APPEAL - A decision of the Planning Commission may be appealed to the City Council by an aggrieved per son by written statement setting forth the grounds for ap peal. An appeal shall be filed with the City Clerk within ten days following the date of action for which the appeal is made and shall be accompanied by an appeal form and filing fee, as specified by the City Council. Appeal forms may be found online at www.malibucity.org/planningforms or in person at City Hall, or by calling (310) 456-2489, extension 245. IF YOU CHALLENGE THE CITY’S ACTION IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE IS SUES YOU OR SOMEONE ELSE RAISED AT THE PUB LIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY, AT OR PRIOR TO THE PUBLIC HEARING. If you have questions regarding this notice, please contact Stephanie Hawner, Associate Planner, at (310) 4562489, extension 276. Date: June 23, 2016 By: Bonnie Blue, Planning Director H H City of Malibu 23825 Stuart Ranch Road Malibu, CA 90265 (310) 456-2489 Fax (310) 456-7650 -I c, CD NOTICE OF PUBLIC HEARING c C71_,, o~Q~ = I. -a ~~OD 0z, c~CD 0 C) CD 3 CD The Malibu Planning Commission will hold a public hearing on MONDAY, July 18, 2016, at 6:30 p.m. in the Council Chambers, Malibu City HaIl, 23825 Stuart Ranch Road, Malibu, CA, for the project identified below. EXTENSION OF COASTAL DEVELOPMENT PERMIT NO. 08-055. VARIANCE NOS. 10-005 AND 10-006, CONDITIONAL USE PERMIT NO. 10-003, DEMOLITION PERMIT NO. 08-014, AND SITE PLAN REVIEW NO. 10-012 — A fourth request to extend the Planning Commission’s previous approval for demolition of an existing gas station, construction of a new commercial building, and associated development LOCATION: APN: ZONING: APPLICANT: OWNER: EXTENSION FILED: CASE PLANNER: 22729 Pacific Coast Highway 4452-022-010 Community Commercial (CC) Norman R. Haynie, Manager, Las Tunas Beach, LLC and Grey Granite, LLC. WFS Seastar Co., LLC May 24, 2016 Stephanie Hawner Associate Planner (310) 456-2489, ext. 276 shawner@malibucity.org Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA), the Planning Commission analyzed the proposed project. The Planning Commission found that this project is listed among the classes of projects that have been determined not to have a significant adverse effect on the environment. Therefore, the project is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Sections 15301(l)(3) and 15303(c) — New Construction. The Planning Commission further determined that none of the six exceptions to the use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2). H c.) I> co M a 3, I2~-l4 PM .t58 - eQ ‘— N N